Arbind Singh @ Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4273 of 2024 Arising Out of PS. Case No.-520 Year-2019 Thana- BIHTA District- Patna ====================================================== Arbind Singh @ Arbind Kumar Singh Son of Late Krishnandan Singh R/o Village- Bindaul, P.S.- Bihta, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Manohar Paswan Son of Late Bakhora Paswan R/o Village- Bindaul, P.S.- Bihta, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Mishra For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024

1. Heard learned counsel for the appellant, Mr. Ajay Mishra and learned Spl. P.P. for the State.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 27.07.2024 in A.B.P. No. 2958 of 2024 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, (Sadar) Patna in connection with Bihta P.S. Case No. 520 of 2019 registered for the offences punishable under Sections 341, 323, 504 and 506 of the Indian Penal Code as well as Sections 3(1)(r) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.4273 of 2024(3) dt.20-12-2024 2/3

3. Learned counsel for the appellant submits that Ravi Ranjan Kumar Singh along with 5 others had approached this Court seeking anticipatory bail by filing Criminal Appeal (SJ) No. 2724 of 2024 and the same was allowed by an order dated 08.08.2024. It is next submitted that while allowing Criminal Appeal (SJ) No. 2724 of 2024, the Court had considered the case on merits and in detail. It is next submitted that the allegation against the appellant in the instant FIR is similar to that of Ravi Ranjan Kumar and 5 others, as such, based on parity, the learned counsel seeks anticipatory bail for the appellant.

4. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

5. In view of the submissions made by the learned counsel for the appellants, the order dated 27.07.2024 in A.B.P. No. 2958 of 2024 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act,(Sadar) Patna in connection with Bihta P.S. Case No. 520 of 2019, is hereby set aside and the appellant above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. APP (SJ) No.4273 of 2024(3) dt.20-12-2024 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihta P.S. Case No. 520 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. Accordingly, the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T