Chunnu Singh @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.334 of 2018 Arising Out of PS. Case No.-88 Year-2017 Thana- NTPC District- Patna ====================================================== Chunnu Singh @ Bipin Kumar, S/o Late Chandramauli Singh, R/o VillageRailly P.S.- N.T.P.C. (Barh), District- Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Rana Baljit Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 06.01.2018 passed by the learned Special Judge (S.C./S.T. Act)-cum-Additional Sessions JudgeV, Patna in A.B.P. No.52 of 2018, arising out of N.T.P.C. (Barh) Police Station Case No.88 of 2017 registered under Sections 341, 323, 379, 307, 504, 506, 325 of the Indian Penal Code and Sections 3 (i) (R) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant allegedly abused and assaulted to the informant and committed theft of Rs.3000/- (Rupees Three Thousand) from his possession. The reason for occurrence is that the appellant had sold his Auto Rickshaw to the informant. However, the loan of the Bank was to

Patna High Court CR. APP (SJ) No.334 of 2018 dt.10-09-2018 2/2 be deposited by the appellant. The appellant defaulted in deposit of the loan amount. Therefore, the Bank issued notice and the informant being infuriated of the fact lodged the present case. 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 bond of Rs.

20,000/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

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