Golden Kumar @ Gaurav Kumar @ Gaurabh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3996 of 2018 Arising Out of PS. Case No.-149 Year-2015 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Golden Kumar @ Gaurav Kumar @ Gaurabh Kumar Son of Rabindra Kumar @ Chhote Singh

2. Sumangal Kumar Son of Ramlala Singh

3. Rishav Kumar @ Tunna Kumar @ Tuntun Kumar son of Ram Shankar Singh

4. Prakash Kumar son of Ram Dibas Singh All Resident of VillageMorsand,P.S. Runni Saidpur,Distt.-Sitamarhi ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vaidehi Raman Prasad Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 14.09.2018 passed by the learned Special Judge (S.C./S.T. Act), Sitamarhi, in A.B.P. No.1770 of 2018, arising out of Runni Saidpur Police Station Case No.149 of 2015, registered under Sections 147/149/323/354/504/506/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged against the appellants are mostly bailable. The allegation is general and

Patna High Court CR. APP (SJ) No.3996 of 2018 dt.17-12-2018 2/2 omnibus and not specific against the appellants. Considering the general and omnibus nature of allegation against the appellants as well as statement of the appellants on oath that they have got no criminal antecedent, 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/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow 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 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 18.12.2018 Transmission Date 18.12.2018