Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4972 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- SC/ST District- Lakhisarai ====================================================== MUKESH KUMAR SINGH Son of Ashok Singh Resident of Village - Tilakpur, P.O.- Bichwe, P.S.- Kiul, Distt - Lakhisarai (Bihar) ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Lalan Kumar, Adv For the Respondent/s :
Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-02-2020 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 15.10.2019 in A.B.P.No.789 of 2019 passed by the learned Additional Sessions Judge 1st -cum- Special Judge, SC/ST Act, Lakhisarai in connection with Lakhisarai SC/ST P.S.Case No.29 of 2019 registered under Sections 341,323,354,379,504,506 of the Indian Penal Code as well as under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.
The entire allegation against the appellant, who is a teacher and Incharge as Block Resource Person, is in the background of non-payment of salary of the informant, who is a
Patna High Court CR. APP (SJ) No.4972 of 2019(3) dt.14-02-2020 2/3 Panchayat Teacher.
Learned counsel for the appellant has drawn attention of the Court towards Annexure-2 and 3 for his submission that the payment of salary could not be made in the background of the official communications regarding eligibility of the informant and others to get salary and just to pressurize, concocted FIR has been lodge. Appellant has got no criminal antecedent.
Considering the background of the allegation, appellant deserves protection of law to prevent the abuse of the process of the Court and secure the ends of justice, hence, hence, let the appellant, above named, in the event of his 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) 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 further the appellant shall fully cooperate with the investigation/trial of the case and also the appellant shall not leave the country without permission of the learned Trial Court,
Patna High Court CR. APP (SJ) No.4972 of 2019(3) dt.14-02-2020 3/3 failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T