Sanjay @ Bhulan Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.655 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -SC/ST District- AURANGABAD ======================================================

1. Sanjay @ Bhulan Singh, Son of Late Shivnandan Singh,

2. Bhola Kumar Singh, Son of Binod Singh,

3. Ravi Singh, Son of Sri Prasad Singh,

4. Santosh Kumar Singh, Son of Raj Mohan Singh,

5. Sanjay @ Sanyog, Son of Shivpujan Singh, All are Resident of VillageKolh Manjhauli, P.S. Mali, District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

2. Kanhai Ram, Son of Late Ganeshi Ram, Resident of VillageManjhajuli, P.S. Mali, District Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 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 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Aurangabad, in SC/ST Police Station Case No.01 of 2018 registered under Sections 341/323/354/379/504/34 of the Indian Penal Code and Sections 3(i) (r)/3(1)(s)/3(1)(w)(i)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For land dispute allegation of commission of abuse by

Patna High Court CR. APP (SJ) No.655 of 2018 (2) dt.09-03-2018 P2/ taking caste name is general and omnibus against some of the appellants; whereas against some others for commission of assault. Considering the background and general and omnibus nature of allegation, 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./- U T