Alok Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1176 of 2018 Arising Out of PS.Case No. -554 Year- 2015 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Alok Singh, S/o Nagendra Singh,

2. Nagendra Singh, S/o Late Paltan Singh, both are resident of villageGovind Fulkahan, P.S.- Kanti, District- Muzaffarpur. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Kumari Sujata Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 24-05-2018 Counsel for the appellants submits that appellant No.2, Nagendra Singh, has been arrested during the pendency of this appeal.

In view of such, this appeal is dismissed as infructuous in so far as it relates to appellant No.2-Nagendra Singh.

Heard counsel for the appellant No.1 and learned APP for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against refusal of prayer for anticipatory bail in Kanti P.S. Case No.554 of 2015 instituted under

Patna High Court CR. APP (SJ) No.1176 of 2018 (4) dt.24-05-2018 2/3 Section(s) 147, 447, 323, 504, 436, 506 Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Counsel for the appellant No.1 submits that there is general and omnibus allegation against the appellant No.1. Compromise has taken place between the parties. Compromise petition filed in the Court below has been annexed as Annexure2. Considering the aforesaid facts, let the appellant No.1, above named, in the event of his arrest/surrender within a period of six weeks from today in connection with Kanti P.S. Case No.554 of 2015, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 10th-cum-Special Judge, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail

Patna High Court CR. APP (SJ) No.1176 of 2018 (4) dt.24-05-2018 3/3 bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. Accordingly, the impugned order with regard to appellant No.1 is set aside and the appeal is allowed. (Sanjay Priya, J) JA/- U T