Yuv Raj Singh @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4587 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== 1.

YUV RAJ SINGH @ GOLU Son of Surendra Singh Resident of - 322 MIG Colony, P.S.- Kankarbagh, Distt - Patna.

2.

Amit Kumar Suman @ Bumbum Singh Son of Kameshwari Singh Resident of A/P, House No. 13/59, Road No. 13, Ashok Nagar, P.S.- Kankarbagh, Distt - Patna.

... ... Appellants.

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Dilip Kumar Sinha For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-10-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 03.09.2019 passed by learned Addl. Sessions Judge-XX-cum-Special Judge, SC/ST Act, Patna in Patrakar Nagar P.S. Case No. 118 of 2019 registered under Sections 385 & 379 of the Indian Penal Code and Section 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

While the informant was sitting at his door, six named

Patna High Court CR. APP (SJ) No.4587 of 2019(2) dt.23-10-2019 2/3 accused persons including the appellant and 7-8 unknown miscreants abruptly descended there. Co-accused Arvind Singh @ Mintu Singh slating him in the name of his caste pointing country made pistol on him demanded extortion of Rs. 10 lacs. Appellant no.2 Amit Kumar Suman @ Bumbum Singh also slated the informant in the name of caste and assaulted him by means of lathi. Appellant no.1 Yuvraj Singh @ Golu also slating him demanded extortion while other accused persons snatched his golden chain and cash of Rs. 10,000/-. They also assaulted him by means of lathi.

It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. As a matter of fact, there was some differences between the informant and the co-accused Manish Kumar in course of running business of real estate and due to aforesaid reason, the informant has lodged this case with altogether wrong and concocted allegation against the appellants as they happen to be friends of the said accused. Allegation levelled against the appellants are not specific rather general and omnibus in nature. Informant has not sustained any injury in the occurrence. There is no allegation of slating the informant in specific name of his caste against the appellants. Allegation of theft is super addition. There is inordinate delay of five days in lodging the FIR without assigning any plausible explanation for the same.

Patna High Court CR. APP (SJ) No.4587 of 2019(2) dt.23-10-2019 3/3 Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-XX-cum-Special Judge, SC/ST Act, Patna in Patrakar Nagar P.S. Case No. 118 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

(Prakash Chandra Jaiswal, J) Trivedi/- U T