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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5461 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

Sonu Kumar Singh @ Sonu Singh Son of Lallan Singh Resident of Village - Paltuhata, P.S.- Jamobazar, District- Siwan.

2.

Manjeet Kumar Singh Son of Rakesh Singh Resident of Village - Khulasa, P.S.- Jamobazar, District- Siwan.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhananjay Kumar Tiwary For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the appellants and learned Special P.P. for the State.

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 of anticipatory bail vide order dated 25.10.2019, passed by learned Additional District & Sessions Judge-Ist-cum-Special Judge, Siwan in connection with Jamobazar P.S. Case No.138 of 2019, registered under Sections 279, 337, 338, 341, 323, 324, 504, 506, 34 of the Indian Penal Code and Sections 3(i)(r)/3(2)(va) of the SC/ST Act. Learned counsel for the appellants submits that the

Patna High Court CR. APP (SJ) No.5461 of 2019(4) dt.09-12-2021 2/3 appellants have falsely been implicated in the present case. It is submitted that there is case and counter case. There is dispute between Lalan Singh and Vijay Singh and appellant, Sonu Kumar is pattidar of Vijay Singh. It is submitted that earlier Lalan Singh filed a case against Vijay Singh and others being Jamobazar P.S. Case No.137 of 2019. Thereafter the present case has been filed against the present appellants through Parshuram Manjhi. It is submitted that both sides received injuries. It is also submitted that from perusal of the FIR, it appears that there is no allegation against the appellants that they abused the informant. It is lastly submitted that the appellants have got no criminal antecedent as stated in para 3 of the memo of appeal.

Learned Special P.P. for the State opposes the prayer for anticipatory bail of the appellants and submits that the appellants are also involved in the present occurrence. Having considered the facts aforesaid, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the

Patna High Court CR. APP (SJ) No.5461 of 2019(4) dt.09-12-2021 3/3 satisfaction of learned Additional Sessions Judge-1st-cumSpecial Judge, Siwan in connection with Jamobazar P.S. Case No.138 of 2019.

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

(Anjani Kumar Sharan, J.) Sanjay/- U T