Rupesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1162 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -RAJAULI District- NAWADA ===========================================================

1. Rupesh Singh, S/o Ashok Singh.

2. Santu Singh, S/o Umesh Singh.

3. Suraj Singh @ Suraj Kumar Singh, S/o Umesh Singh. All resident of Village Koriaon, P.S. Rajauli District- Nawadah.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr.Hansraj, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-07-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 09.03.2018 by the learned 1st Addl. Sessions Judge, Nawada in connection with Rajauli P.S.Case No. 34 of 2018 registered under Sections 147, 148, 149, 341, 323, 337, 307, 504, 353 of the Indian Penal Code as well as under Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes Act.

There is general and omnibus allegation against the FIR named accused persons including the appellants to have abused the informant, who is a police officer, by taking his caste

Patna High Court CR. APP (SJ) No.1162 of 2018 dt.02-07-2018 2/2 name.

Considering the general and omnibus nature of allegation, 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 bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.07.2018 Transmission Date 03.07.2018