Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4789 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Amit Singh, aged about 21 years, male, Son of Bija Shankar Singh Resident of Village - Dhalanchapra, P.S.- Shahpur, District- Bhojpur 2.

Ravi Singh, aged about 19 years male, Son of Ram Kishun Singh Resident of Village - Dhalanchapra, P.S.- Shahpur, District- Bhojpur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ashok Kumar Singh For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the appellants and the learned counsel appearing on behalf of the State.

This appeal is directed against the order dated 26.09.2019 passed in A.B.P. No.1958/2019 arising out of Shahpur P. S. Case No.218 of 2019 whereby and whereunder learned Additional Sessions Judge-1st-cum-Special Judge SC/ST, Bhojpur at Ara has rejected the anticipatory bail filed by the appellants for the offences punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code read with Section 3(i)(r), 3(i)(s), 3(I)(w)(i), 3(2)(va) of SC/ST Act.

As per the F.I.R., appellants and other accused have abused the son of the informant by taking caste name while she was along with her son. His son lodged a case, they assaulted the

Patna High Court CR. APP (SJ) No.4789 of 2019(3) dt.09-12-2019 2/2 informant and there is specific allegation against these appellants that they thrashed on the ground and assaulted the son of the informant.

Submission of the appellants is that F.I.R. itself shows that there is general and omnibus allegation. No specific overt act attributed against the appellants and they have been falsely implicated in this case.

Learned Special P.P. opposed the prayer for anticipatory bail and further submits that there is specific allegation against these appellants.

In view of the above facts, this application is disposed of with a direction to the appellants to surrender and pray for regular bail which will be considered by the court below on the basis of materials available on record, if possible on same day, without being prejudiced by this order.

(Vinod Kumar Sinha, J) Vikash/- U T