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Patna High CourtCR. APP (SJ)/4538/2023allowed

Govind Sing @ Govinda Singh @ Surendra Kumar Singh @ Khalindra Singh v. The State Of Bihar

2024-04-16Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4538 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

GOVIND SING @ GOVINDA SINGH @ SURENDRA KUMAR SINGH @ KHALINDRA SINGH SON OF LATE PARIKSHAN BHAGAT @ PARIKSHAN SINGH RESIDENT OF VILLAGE - KARANPUR TOLE KAKRACHAK, PS- BOCHAHA, DIST- MUZAFFARPUR 2.

ASHOK SINGH @ ASHOK KUMAR SON OF LATE MAHENDRA SINGH RESIDENT OF VILLAGE - KARANPUR TOLE KAKRACHAK, PS- BOCHAHA, DIST- MUZAFFARPUR 3.

SATYA NARAYAN SINGH @ SATYA NARAYAN BHAGAT SON OF SRI ETAWARI BHAGAT RESIDENT OF VILLAGE - KARANPUR TOLE KAKRACHAK, PS- BOCHAHA, DIST- MUZAFFARPUR 4.

MINA KUMARI WIFE OF SRI SATYA NARAYAN SINGH @ SATYA NARAYAN BHAGAT RESIDENT OF VILLAGE - KARANPUR TOLE KAKRACHAK, PS- BOCHAHA, DIST- MUZAFFARPUR ... ... Appellant/s

Versus

1.

The State of Bihar 2.

SMT. MEERA DEVI WIFE OF SRI BAJRANGI PASWAN RESIDENT OF VILLAGE - KAKRACHAK, PS- BOCHAHA, DIST- MUZAFFARPUR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jai Prakash Verma, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl.P.P.

Mr. Ratneshwar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the appellants, Mr. Binay Krishna learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the respondent no. 2.

2. 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 31.08.2023 in A.B.P. No. 3141 of 2023 passed by the learned Special Judge, SC/ST

Patna High Court CR. APP (SJ) No.4538 of 2023(4) dt.16-04-2024 2/2 Act, Muzaffarpur in connection with Bochaha P.S. Case No. 311 of 2023 registered under Sections 341, 342, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.

3. Learned counsel appearing on behalf of the respondent no. 2, at the outset, submits that he has instruction to make submission not to oppose the prayer for anticipatory bail.

4. In view of the submissions made by the learned counsel appearing on behalf of the respondent no. 2, let the appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (rupees five 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.

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

(Satyavrat Verma, J) Kundan/- U T