Munmun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1060 of 2021 Arising Out of PS. Case No.-139 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== MUNMUN SINGH aged about 27 years Son of Late Awadh Singh @ Awadh Bihari Singh Resident of Village - Bishrampur, P.s.- Sasaram (Muffassil), Dist.- Rohtas (Bihar) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ravindra Kr Sinha No.2, Advocate For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-03-2021 Heard learned counsel for the appellant and the State. The present appeal is directed against the order dated 10.11.2020, passed by learned Additional Sessions Judge I, Rohtas at Sasaram in a case registered for the offence punishable under Sections 302/201/34 of the Indian Penal Code and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby regular bail of the appellant has been rejected.

Specific allegation is against co-accused Bhodhyu Yadav @ Rakesh yadav to have caused fire arm injury to the deceased.

Learned counsel for the appellant submits that there is general and omnibus allegation against the appellant and

Patna High Court CR. APP (SJ) No.1060 of 2021(2) dt.02-03-2021 2/2 Similarly situated co-accused Ritesh Singh and Gorakh Sah has already been allowed bail by a co-ordinate bench of this Court vide order dated 31.1.2020, passed in Cr.Appeal(SJ) No. 437/2020. Appellant has got no criminal antecedent as stated in paragraph 3 of the bail petition. Appellant is in custody since 24.8.2020 and charges have also been framed.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 10.11.2020, is set aside.

Accordingly, appellant, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge I Rohtas at Sasaram in Sasaram Mufasil Police Station Case No. 139 of 2019.

(Prabhat Kumar Singh, J) Shashi U T