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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5247 of 2019 Arising Out of PS. Case No.-542 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== BIPIN SINGH @ BIPIN KUMAR SINGH Son of Baleshwar Singh Resident of Village - Durga Nagar, Chak Baladhari, P.S.- Sadar Hajipur, District - Vaishali.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-12-2019 Heard learned counsel for the Appellant and learned counsel for the State.

This is an appeal under Section 14(A) (2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 16.09.2019 passed by Additional Sessions Judge 1st cum Spl. Judge, Vaishali in connection with A.B.P. No. 2233 of 2019 + A.B.P. No. 2281 of 2019 arising out of Sadar Hajipur P.S. Case No. 542 of 2019 for the offence registered under Sections 147, 148, 149, 447, 341, 323, 307, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(i) (r) of the SC/ST Act.

Learned counsel for the Appellant submits that the

Patna High Court CR. APP (SJ) No.5247 of 2019(2) dt.03-12-2019 2/3 entire allegation is false and mischievous and only because the present appellant had gone to pacify the persons, who were quarreling over their rasta, the name of the appellant has been introduced invoking the provisions of SC/ST Act. It is further submitted that other co-accused persons have since been extended the privilege of bail and they were all belonging to the same caste as that of the informant. It is further submitted that though the allegation speaks of firing upon the informant, there is no injury on any party.

Considering the aforesaid facts and circumstances of the case and that the appellant has no criminal antecedent, let the appellant, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1st cum Spl. Judge, Vaishali in connection with A.B.P. No. 2233 of 2019 + A.B.P. No. 2281 of 2019 arising out of Sadar Hajipur P.S. Case No.

Patna High Court CR. APP (SJ) No.5247 of 2019(2) dt.03-12-2019 3/3 Procedure.

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

(Anjana Mishra, J) Jagdish/- U T