Tapnarayan Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3506 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- NAVINAGAR District- Aurangabad ======================================================
1. Tapnarayan Singh, Son of Late Nab Jadik Singh,
2. Mantu Singh, S/o Tapnarayan Singh,
3. Hariom Singh @ Hariom Kumar Singh, S/o Tapnarayan Singh, All are resident of Village- Basdiha, P.S.- Nabinagar, DistrictAurangabad. ... ... Appellant/s
Versus
1. The State of Bihar.
2. Parsuram Paswan, Son of Ramgahan Paswan, Resident of Village- Velashpur, P.S.- Nabinagar, District- Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar, Advocate For the Respondent/s :
Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for anticipatory bail vide order dated 16.08.2018 passed by the learned 1st Additional Sessions Judge-cum- Special Judge (S.C./S.T. Act), Aurangabad, in connection with Nabinagar Police Station Case No. 225 of 2018, registered under Sections 341/323/504/34 of the Indian Penal Code and Section 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.3506 of 2018 dt.06-12-2018 2/3 Atrocities) Act, 1989.
Annexure-2 is the FIR of Nabinagar P.S. Case No.224 of 2018, lodged by another son of appellant No.1, Om Prakash Singh against Prince Pratap Singh. The informant claims to be the Manager of Prince Pratap Singh. When the informant was mending the ridge of the field, the appellants forbade him and abused and assaulted.
Submission is that the informant has been set up by Prince Pratap Singh. The appellants have got no criminal antecedent.
Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below
Patna High Court CR. APP (SJ) No.3506 of 2018 dt.06-12-2018 3/3 shall be at liberty to cancel the bail bond of the appellants. Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date 07.12.2018