Ravi Mahton @ Ravi Kant Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.377 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -ROUH District- NAWADA ======================================================

1. Ravi Mahton @ Ravi Kant Kumar Son of Late Indradeo Mahto

2. Lalan Singh @ Lalan Kumar Son of Late Bishnu Singh

3. Shanti Sagar Singh @ Mithu Singh @ Shanti Sagar Son of Dwarika Singh @ Dwarika Sagar

4. Prem Kumar Arya @ Prem Prakash Arya Son of Late Om Singh @ Om Prakash Arya

5. Laxmi Narayan Singh, Son of Late Kailash Singh

6. Subodh Singh @ Subodh Kumar Singh Son of Late Prahalad Singh All residents of Village/P.O.- Samharigarh, P.S. Roh, District- Nawada. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sidhendra Narayan Singh For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in Roh P.S. Case No. 129 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 353, 427, 436, 504, 506 of the Indian Penal Code as well as Sections 3(1)(r)(q) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.377 of 2018 (2) dt.16-02-2018 2/2 Considering the general and omnibus allegation against the appellants and others as well as considering the fact that there is no material to substantiate that the appellants were intending to humiliate a member of the scheduled caste by prior meeting of mind, 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/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T