Pradeep Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.138 of 2019 Arising Out of PS. Case No.-111 Year-2017 Thana- GARKHA District- Saran ======================================================

1. Pradeep Singh and Ors Girja Singh Resident of Village - Maika Tola, P.S.- Garkha, District-Saran Chapra

2. Prince Kumar Singh Late Ramagya Singh Resident of Village - Maika Tola, P.S.-Garkha, District-Saran Chapra

3. Shiv Shankar Singh Late Chandrama Singh Resident of Village - Maika Tola, P.S.-Garkha, District-Saran Chapra

4. Naggu S ingh Shyam Nandan Singh Resident of Village - Maika Tola, P.S.- Garkha, District-Saran Chapra ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Braj Nandan Kumar Tiwary For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 Heard the parties.

By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellant seeks for setting aside the order dated 17.12.2018 passed in ABP No.4312 of 2018 arising out of Garkha P.S.Case No.111 of 2017 for the offences punishable under Sections 341, 347, 323, 307, 504, 506/34 of the Indian Penal Code and Section 3(1)

(2) of SC/ST Act by the learned 1st Additional Sessions Judge, Saran at Chapra whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellant is of abusing by caste name and also of assaulting.

Patna High Court CR. APP (SJ) No.138 of 2019 dt.24-01-2019 2/2 Submission of the learned counsel for the appellant is that there is case and counter case and the complaint case has been lodged after ten days. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ 1st Saran at Chapra in connection with Garkha P.S.Case No.111 of 2017, subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019