Rajendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4120 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- SC/ST District- East Champaran ======================================================
1. Rajendra Singh Son of Late Ram Ratan Bhagat,
2. Ranjan Kumar Singh @ Ranjan Kumar @ Rajan Kumar Singh son of late Harihar Bhagat,
3. Bhagya Narain Singh Son of Late Surya Bhagat @ Sury Bhagat,
4. Harendra Singh Son of Late Ram Ratan Bhagat, All are Resident of Village-Tikuliya, Police Station-Turkauliya, District-East Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Dhurendra Kumar, Advocate For the Respondent/s :
Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 19.09.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran, Motihari, in A.B.P. No.2609 of 2018, arising out of Motihari SC/ST Police Station Case No.68 of 2018, registered under Sections 341/323/379/504/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes
Patna High Court CR. APP (SJ) No.4120 of 2018 dt.18-12-2018 2/3 and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant No.3 Bhagya Narain Singh has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now.
Submission is that the occurrence is alleged for dispute arising out of payment of fare of the tempoo of the informant. The allegation is general and omnibus. The appellants have got no criminal antecedent.
Considering the facts of the case, let the appellants, namely, Rajendra Singh, Ranjan Kumar Singh @ Ranjan Kumar @ Rajan Kumar Singh and Harendra Singh, 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
Patna High Court CR. APP (SJ) No.4120 of 2018 dt.18-12-2018 3/3 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 Date 21.12.2018 Transmission Date 21.12.2018