Lallu Singh @ Daya Shankar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1104 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Lallu Singh @ Daya Shankar Singh, S/o Late Ram Keshwar Singh,

2. Manish Kumar Singh,

3. Jhalar Singh Both are Sons of Bimal Singh @ Bhim Singh,

4. Rajeshwari Devi W/o Bimal Singh @ Bhim Singh, All are R/o VillageBasaura, P.S.- Sanjhauli, District- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rang Nath Choubey, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-05-2018 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 by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in SC/ST Dehri Police Station Case No.84 of 2017 registered under Sections 147/149/341/323/325/379/354B/427 of the Indian Penal Code and Sections 3(i)(r)(s),(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The specific allegation of commission of abuse by taking caste name is against co-accused Arjun Singh. In the subsequent occurrence, there is general and omnibus allegation against the

Patna High Court CR. APP (SJ) No.1104 of 2018 dt.10-05-2018 P2/ appellants to have committed assault and theft. Submission is that the appellants are family members of Arjun Singh, which would be evident from the FIR itself. The allegation is general and omnibus. The FIR would reveal that in a pre-planned manner name of the family members have been dragged. Considering the entire facts, 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 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 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 Transmission Date