Jaydeo Singh @ Jaydeo Kumar @ Jaydev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4777 of 2019 Arising Out of PS. Case No.-363 Year-2019 Thana- BARH District- Patna ====================================================== 1.
JAYDEO SINGH @ JAYDEO KUMAR @ JAYDEV SINGH, Son of Late Sidheshwar Singh 2.
Guddu Singh @ Guddu Kumar, Son of Medni Singh 3.
Arvind Singh @ Mutur Singh, Son of Pingal Singh 4.
Pawan Singh, Son of Medni Singh 5.
Manish Singh, Son of Medni Singh 6.
Triloki Singh @ Triloki Kumar, Son of Late Sidheshwar Singh 7.
Munna Kumar @ Munna Kumar Singh @ Munna Singh, Son of Late Sidheshwar Singh, all Permanent Resident of Village - Atnauwan, P.S.- Barh, District - Patna.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Avanish Kumar Singh, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 05-02-2020 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 vide order dated 06.09.2019 in A.B.P. No. 6268 of 2019 passed by the learned 20th Sessions Judge-cumSpecial Judge S.C./S.T., Patna in connection with Barh P.S. Case No. 363 of 2019 registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(s), 2(v-
Patna High Court CR. APP (SJ) No.4777 of 2019 dt.05-02-2020 2/3 q) of the SC/ST Act.
Most of the offences of the Indian Penal Code alleged against the appellants are either bailable or compoundable. Learned counsel for the appellants submits that the parties have entered into a written compromise and a copy of the compromise petition has been brought on the record by a supplementary affidavit.
Learned Special Public Prosecutor opposed the prayer for bail.
Considering the factum of compromise and fate of the trial, 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 anticipatory 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 subject to the following conditions:- (a) 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.
Patna High Court CR. APP (SJ) No.4777 of 2019 dt.05-02-2020 3/3 (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The appellants shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 07.02.2020 Transmission Date 07.02.2020