Vikarma Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3224 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -SC/ST District- SARAN ===========================================================

1. Vikarma Singh, S/o Late Jagnarayan Singh,

2. Raviranjan Kumar Singh,

3. Golu @ Golu Kumar Singh @ Rajranjan Kumar Singh @ Rajranjan Singh, Both are Sons of Vikram Singh, All are R/o Vill.- Sekhpura, P.S.- Masrakh, DistrictSaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajesh Roy, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-09-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 18.07.2018 in A.B.P. No.1893 of 2018 passed by the learned Additional Sessions Judge-1st, Saran in connection with Saran SC/ST P.S.Case No. 07 of 2018 registered under Sections 342,323,354,504,506/34 of the Indian Penal Code and Sections 3(i)(r)(W), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes Act.

According to FIR, the appellants allegedly abused by taking caste name and assaulted to the informant. Submission is that false allegation is there for the reason that informant was Bataidar on the land of the

Patna High Court CR. APP (SJ) No.3224 of 2018 dt.06-09-2018 2/2 appellants but did not grow proper crop. Hence, for the next year, the land was taken back which caused annoyance to the informant. Appellants have got no criminal antecedent. Considering the facts aforesaid, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.09.2018 Transmission Date 10.09.2018