Binod Chandravanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5127 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- SIGAUDI District- Patna ====================================================== 1.

BINOD CHANDRAVANSHI 2.

Ranjeet Chandravanshi, both Sons of Ram Naresh Singh @ Ram Naresh Chandravanshi 3.

Deepak Kumar 4.

Bholu Kumar, both Sons of Binod Chandravanshi, All Residents of Village - Chandhos, P.S.- Sigori, District- Patna ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Parashuram Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 05-02-2020 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 17.10.2019 in A.B.P No. 7882 of 2019 passed by the learned 20th Additional Sessions Judge-cum-Special Judge S.C./S.T., Patna in connection with Sigori P.S. Case No. 83 of 2019 registered under Sections 341, 323, 448, 379/34 of the Indian Penal Code as well as Section 3(1) (r)(s) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.5127 of 2019 dt.05-02-2020 2/3 Submission is that offences of the Indian Penal Code alleged against the appellants are either compoundable or bailable and informant is not a member of the scheduled caste which would be evident from Annexure-2.

Learned Special Public Prosecutor opposed the prayer for bail.

Finding substance in the submission 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 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) 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. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The appellants shall not leave the country without

Patna High Court CR. APP (SJ) No.5127 of 2019 dt.05-02-2020 3/3 permission of the learned trial court.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 07.02.2020 Transmission Date 07.02.2020