Suresh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3495 of 2017 Arising Out of PS.Case No. -244 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================

1. Suresh Singh,

2. Chandrasekhar Singh Both S/o Rishidev Singh,

3. Munna Kumar Singh

4. Pappu Kumar @ Sandeep Singh @ Sandeep Kumar Singh, Both S/o Suresh Singh,

5. Chandan Singh @ Chandan Kumar, S/o Manoj Singh,

6. Manoj Singh S/o Rishidev Singh, All R/o Village- Bagahi, P.S.- Basantpur, District- Siwan.

.... .... Appellants

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Pandey, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan,SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional Sessions Judge-1st, Siwan in connection with Basantpur P.S.Case No. 244 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 332, 353, 307 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

Informant was an Assistant Sub Inspector of

Patna High Court CR. APP (SJ) No.3495 of 2017 (4) dt.23-02-2018 Police, he had gone to check storage of liquor in the house of the appellants and others.

Allegation is that other named persons committed assault and fracture injury to the police. The appellants abused by taking caste name.

Submission of the learned counsel for the appellants is that the whole police team should have been put under suspension by the authorities, considering their incompetency to face the marauders. Moreover, entire allegation is just to pressurize the appellants. Considering the facts and circumstances of this case, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below 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 shall be at liberty to cancel the bail bond of the appellants.

Patna High Court CR. APP (SJ) No.3495 of 2017 (4) dt.23-02-2018 Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T