Brijkishor Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3572 of 2018 Arising Out of PS. Case No.-150 Year-2018 Thana- PANCHRUKHI District- Siwan ======================================================

1. Brijkishor Singh, S/o Late Baburam Singh,

2. Dhananjay Singh S/o Late Kanhaiya Singh, Both R/o Vill.- Sahlour Hata, P.S.- Sarai (O.P.), District- Siwan... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Pandey, Adv For the Respondent/s :

Mr. Sri Ajay Kumar -2,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 07.08.2018 in A.B.P. No.1219 of 2018 arising out of Pachrukhi (Sarai) P.S.Case No.150 of 2018 passed by the learned Addl. Sessions Judge 1st-cum- Special Judge SC/ST, Siwan registered under Sections 147,148,149,323,341,342,333,353,307 of the Indian Penal Code and Sections 3(i)(r)(s)/3(2)(VA) of the Scheduled Castes and Scheduled Tribes Act. When the police reached at the place of occurrence where a Haiwa had dashed against the motorcycle rider, the mob allegedly abused and committed mischief against the informant, who is Police Officer. The appellants were identified as members of the

Patna High Court CR. APP (SJ) No.3572 of 2018 dt.07-12-2018 2/2 mob. Appellants have stated on oath that they have got no criminal antecedent.

Considering the general and omnibus nature of allegation, 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 bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and further 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.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018