Pramod Kumar Singh @ Papan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3223 of 2018 Arising Out of PS. Case No.-281 Year-2018 Thana- SONEPUR District- Saran ======================================================

1. Pramod Kumar Singh @ Papan Singh, S/o Tribhuwan Singh,

2. Raja Singh @ Raja Kumar Singh S/o Shailendra Singh, Both R/o Vill.- Baijalpur Fakir, P.S.- Sonepur, District- Saran at Chapra. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dewendra Narayan Singh, Advocate For the Respondent/s :

Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 21.07.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in A.B.P. No.2074 of 2018, arising out of Sonepur Police Station Case No.281 of 2018, registered under Sections 147/149/341/323/504/506/354/435 of the Indian Penal Code and Sections 4/5/3(i)(xi)(h(r)(s)/3(2)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For trivial dispute, there is general and omnibus allegation of commission of assault. Specific allegation of commission of arson in the house of the informant is against co-

Patna High Court CR. APP (SJ) No.3223 of 2018 dt.04-12-2018 2/2 accused Bhushan Singh. However, during investigation it revealed that in fact the informant himself set the hut on fire to claim compensation.

Considering the general and omnibus nature of allegation as well as statement of the appellants on oath that they have got no criminal antecedent, 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 06.12.2018 Transmission Date 06.12.2018