Akash Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.472 of 2018 Arising Out of PS.Case No. -49 Year- 2014 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================
1. Akash Singh Son of Shiv Parsan Singh
2. Shri Niwas Singh Son of late Briksha Singh
3. Ravi Singh Son of Shakal Singh All Resident of Village- Mirjapur, P.S. Tilauthu, District- Rohtas.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Nandan Sahay, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-06-2018 Heard learned counsel for the parties.
The delay in filing of this appeal is explained in petition under Section 5 of the Limitation Act. Hence, the delay is condoned. 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 by the learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Dehri SC/ST Police Station Case No.49 of 2014 registered under Sections 147/148/149/447/448/323/341/504/354/379/324/325 of the Indian Penal Code and Sections 3(i) (x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Submission of the learned counsel for the appellants is that the matter is of the year 2014 and co-accused Gaji Singh along with
Patna High Court CR. APP (SJ) No.472 of 2018 dt.19-06-2018 P/2 others have already been allowed anticipatory bail by the learned Sessions Judge, Rohtas at Sasaram on 13.11.2014 itself vide order at Annexure-2. The allegations against the appellants are general and omnibus.
Considering the entire facts aforesaid, let the appellants, above named, in the event of their 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) each 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 appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.06.2018 Transmission Date 21.06.2018