Manoranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3965 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- SC/ST District- Bhojpur ====================================================== Manoranjan Singh S/o Late Dhunmun Singh Resident of Village-South Ekauna, P.S. Udwant Nagar, Distt.-Bhojpur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pranav Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 01.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Bhojpur at Ara, in A.B.P. No.982 of 2018, arising out of SC/ST Police Station Case No.5 of 2018, registered under Sections 341/323/379/448/427/504/506/34 of the Indian Penal Code and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Co-accused Raja Singh had lodged Udwant Nagar

Patna High Court CR. APP (SJ) No.3965 of 2018 dt.17-12-2018 2/3 P.S. Case No.65 of 2018 against the full brother of the informant and other family members for offences under Sections 341/323/325/307/504/5111/427/34 of the Indian Penal Code as well as Section 27 of the Arms Act for the occurrence dated 03.03.2018.

The present FIR was lodged on 04.03.2018 for the occurrence dated 01.03.2018 alleging therein that the appellant and others committed abuse, assault and theft of personal belongings. The appellant has stated on oath that he has got no criminal antecedent.

Considering the background and nature of allegation, let the appellant, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the 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 appellant shall fully cooperate with the investigation/trial of the case, failing which

Patna High Court CR. APP (SJ) No.3965 of 2018 dt.17-12-2018 3/3 the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018