Shri Chandra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4509 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Patna ====================================================== Shri Chandra Kumar Singh S/o Late Hargovind Singh, resident of MohallaLohiya Nagar, P.S.- Begusarai Town, District- Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rakesh Kumar For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 17.11.2018 passed by the learned Addl. District Judge-4th-cumSpecial Judge, SC/ST Act, Patna in ABP No. 8191 of 2018 arising out of Patna (Sachiwalay) ST/SC/M P.S.Case No. 23 of 2018 registered under Sections 147, 171C, 323, 341, 504 and 506 of the Indian penal Code and Sections 3(1)(r)/3(1)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .

Allegation against other accused persons is that they came with several other persons and abused him by caste name and allegation against this appellant is that he assaulted and also

Patna High Court CR. APP (SJ) No.4509 of 2018 dt.24-01-2019 2/3 abused by caste name and taken away some documents. Submission of learned counsel for the appellant is that with respect to election in the Housing Co-operative Federation, in which appellant was also contesting, dispute arose and due to that appellant has been implicated in this case and he has no criminal antecedent. He submits that with respect to same, appellant has also filed a writ petition before this Court, which has been disposed of.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let appellant, named above, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District Judge-4th-cum-Special Judge, SC/ST Act, Patna in ABP No. 8191 of 2018 arising out of Patna (Sachiwalay) ST/SC/M P.S.Case No. 23 of 2018 ; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that appellant shall co-operate in the investigation and make himself available as and when required

Patna High Court CR. APP (SJ) No.4509 of 2018 dt.24-01-2019 3/3 by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bonds.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

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