Chandraket Singh @ Bhual Singh v. The State of Bihar

Judgment

#3. Dhirendra Kumar Singh @ Sonu Singh S/o Shri Ram Narayan Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#4. Gaurav Kumar Singh @ Gaurav Singh S/o Satyendra Kumar Singh @ Satyendra Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

Chandraket Singh @ Bhual Singh S/o Shri Rudal Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#6. Amarnath Singh @ Amar Singh S/o Shri Uday Kumar Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#7. Pankaj Singh S/o Shri Amarnath Singh @ Amar Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#8. Vinay Singh S/o Shri Prabhunath Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#9. Vinay Singh S/o Shri Tarkeshwar Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#10. Vivek Kumar S/o Shri Tarkeshwar Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#11. Mohit Kumar S/o Shri Brij Kishore Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#12. Anish Kumar S/o Shri Anil Kumar Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran.

#13. Monu Singh @ Himanshu Singh S/o Late Suryadev Singh R/o village- Parsa Dakshin Tola, P.S.- Ekma, District- Saran. Versus ... ... Appellant/s

#1. The State of Bihar.

#2. Dropati Devi Wife of Shri Yogendra Ram R/o Village-Hariharpur, P.O- Parsagadh, P.S.-Ekma, District-Saran. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN Mr. Awadhesh Kumar Mr. Sadanand Paswan : : Patna High Court CR. APP (SJ) No.5560 of 2019(5) dt.28-01-2022 5 28-01-2022 Heard learned counsel for the appellants and learned ORAL ORDER Special P.P. for the State through virtual court proceedings. By order dated 20.02.2020, notice had been issued to respondent no.2. The office points out that the notice has validly been served upon respondent no.2, but nobody appears on behalf of respondent no.2. 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 30.11.2019, passed by learned Additional District and Sessions Judge 1st-cum- Special Judge (SC & ST), Saran in connection with Ekma P.S. Case No.261 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 426 of the Indian Penal Code and 3(1)(r)(s) of the SC/ST Act. The appellants are said to have assaulted the informant and others by means of different weapons. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against all the appellants. It is further submitted that the informant herself belongs to general category as stated in para 9 of the memo of Patna High Court CR. APP (SJ) No.5560 of 2019(5) dt.28-01-2022 appeal. It is also submitted that in the FIR it is not mentioned that who assaulted whom and by which weapon. Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellants and submitted that from perusal of injury report annexed as Annexure-3 to the memo of appeal, it appears that injuries no.1, 2 and 3 sustained by Neeraj Kumar are simple but injury no.4 is grievous. Taking into consideration the fact that allegation is general and omnibus against all the appellants, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, 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 satisfaction of learned Additional District and Sessions Judge 1st-cum-Special Judge (SC & ST), Saran in connection with Ekma P.S. Case No.261 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the impugned order is set aside and this appeal is allowed. (Anjani Kumar Sharan, J.) Sanjay/- U T