Ram Karan Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.900 of 2018 Arising Out of PS. Case No. -169 Year- 2017 Thana -MANIGACHI District- DARBHANGA ===========================================================

1. Ram Karan Das,

2. Ram Sakal Das

3. Ram Charan Das, All Sons of Late Ram Chandra Das

4. Ram Sevak Das, Son of Ram Khelawan Das

5. Md. Mazhar @ Md. Mojahid, Son of Md. Rasul, All Resident of Village-Putai, Police Station-Manigachhi, District-Darbhanga. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vivek Anand Kumar, Advocate For the Respondent/s : Mr. Sujit Kumar Singh, S.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-06-2018 Appellate No. 4 Ram Sevak Das has already been arrested in this case, hence, his prayer for anticipatory bail is dismissed as infructuous.

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 order dated 12.12.2017 passed in A.B.P. No. 1645 of 2017 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T.), Darbhanga in

Patna High Court CR. APP (SJ) No.900 of 2018 dt.28-06-2018 2/3 connection with Manigachhi P.S. Case No. 169 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code as well as Sections 3(1)(r)(s)(w), 3(2)(v) of the SC/ST Act.

Most of the accused persons including appellant no. 1, 2 and 3 are members of the scheduled caste. Only appellant no. 5 Md. Mazhar @ Md. Mojahid is not a member of the scheduled caste. Considering the general and omnibus allegation of commission of abuse, assault and theft, this Court has already granted anticipatory bail to some other co-accused vide Annexure-5, in the circumstances, let the appellant no. 1 Ram Karan Das, appellant no. 2 Ram Sakal Das, appellant no. 3 Ram Charan Das and appellant no. 5 Md. Mazhar @ Md. Mojahid, 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.

Patna High Court CR. APP (SJ) No.900 of 2018 dt.28-06-2018 3/3 appellants.

Accordingly, the impugned order is partly dismissed and partly allowed.

(Birendra Kumar, J) Kundan/Sanjeev AFR/NAFR N.A.

CAV DATE N.A.

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