Judagi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5544 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.
Judagi Singh Son of Late Ekwali Singh Resident of Village - Bajitpur, P.S.- Ananat Kamtaul, P.S.- Kurhani, Distt - Muzaffarpur. 2.
Shivajee Singh Son of Late Dipali Singh Resident of Village - Bajitpur, P.S.- Ananat Kamtaul, P.S.- Kurhani, Distt - Muzaffarpur. 3.
Kamlesh Singh Son of Late Dev Narayan Singh Resident of Village - Bajitpur, P.S.- Ananat Kamtaul, P.S.- Kurhani, Distt - Muzaffarpur. 4.
Mohan Singh Son of Judagi Singh Resident of Village - Bajitpur, P.S.- Ananat Kamtaul, P.S.- Kurhani, Distt - Muzaffarpur. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Alok Kumar Jha For the informant :
Mr. Jai Prakash Verma For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-01-2020 Heard learned counsel for the appellants and learned Spl. PP 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 20.11.2019 passed by learned Special Judge, SC/ST Act, Muzaffarpur in connection with Complaint Case No. 47 of 2018, registered under Sections 380 and 354 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.
Accusation is that complainant Ramdayal Paswan
Patna High Court CR. APP (SJ) No.5544 of 2019(2) dt.06-01-2020 2/3 was at his door in the evening of 01.04.2018, at that time, appellants along with Upendra Singh came there. Thereafter, Judagi Singh (Appellant No.1) started to abuse denoting his caste, when he made protest then all tried to cause assault, but he, anyhow, succeeded to flee away in the house. Thereafter, all entered in the house and caused assault through fist, slaps and lathi. When Lakhan Paswan, brother of complainant, and his wife rushed then they were also assaulted. At that time, Upendra Singh snatched wrist watch from the hand of his brother. Learned counsel appearing on behalf of appellants submits that regarding the occurrence dated 01.04.2018, Compliant Case No. 47 of 2018 was filed on 03.04.2018. Further submission is that, while appellants are named in the compliant petition, but no specific overt act has been attributed against the appellants. The appellants have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special
Patna High Court CR. APP (SJ) No.5544 of 2019(2) dt.06-01-2020 3/3 Judge, SC/ST Act, Muzaffarpur in connection with Complaint Case No. 47 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Rajendra Kumar Mishra, J) manish/- U T