Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5338 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- SC/ST District- East Champaran ====================================================== 1.

Sanjay Singh @ Sanjay Kumar Singh Son of Rajwanshi Singh 2.

Nilesh Singh Son of Ajay Singh Both Residents of Village- Jaitapur, P.S.- Palanwa, District - East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2020 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 against the refusal of prayer for anticipatory bail vide order dated 11.09.2019 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in Motihari (SC/ST) Police Station Case No.68 of 2019, registered under Sections 341/323/354/504/34 of the Indian Penal Code and Section 3(i) (r)(s)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that offences of the Indian Penal Code

Patna High Court CR. APP (SJ) No.5338 of 2019(3) dt.06-02-2020 2/2 alleged against the appellants are bailable and the parties have entered into a compromise and considering the fate of the case, the appellants deserve protection of anticipatory bail, A coy of the compromise petition is at Annexure-2.

Considering the aforesaid facts, 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.

The appellants shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) Mkr./- U T