Krishna Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3199 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- DAUDPUR District- Saran ======================================================
1. Krishna Singh, son of Sheojee Singh.
2. Vinay Singh, son of Birendra Singh.
3. Rajan Singh @ Ranjan Singh, son of Rahul Singh @ Rudal Singh.
4. Tarak Singh @ Taraknath Singh, son of Hawaldar Singh.
5. Surendra Singh @ Surendra Pratap Singh, son of Jimdar Singh. All are resident of Village- Kharhiya, P.S. Daudpur, District Saran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Brij Kishor Mishra For the Respondent/s :
Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 01.08.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No.2201 of 2018, arising out of Daudpur Police Station Case No.34 of 2018 registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 3 (i) (R) (g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellants is that the referred land belongs to the family of the appellants. A portion of the
Patna High Court CR. APP (SJ) No.3199 of 2018 dt.03-12-2018 2/2 said land was transferred by the father in favour of the family of the informant and now the informant wants to grab more area of that land and just to pressurize, false case has been lodged. The offences of the Indian Penal Code alleged are bailable. An earlier case which has been shown as criminal antecedent was also lodged by the same informant. Considering the background and nature of allegation and the supporting documents annexed with the supplementary affidavit, 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/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 04.12.2018 Transmission Date 04.12.2018