Hari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.110 of 2020 Arising Out of PS. Case No.-392 Year-2019 Thana- DHAKA District- East Champaran ====================================================== HARI SINGH Son of Shiv Mangal Singh, Resident of Village- Vikrampur, P.S.- Dhaka, District- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-06-2020 Heard Mr. Anil Kumar, learned counsel for the appellant and Mr. Binay Krishna, learned counsel for the State through virtual court proceeding.

In this case, the appellant is seeking bail in connection with Dhaka P.S. Case No.392 of 2019 registered for offence punishable under sections 147, 148, 149, 448, 341, 323, 324, 427, 325, 354, 379, 307, 504 of the Indian Penal Code and section 3 (i) (r) (s) of the SC/ST Act.

Allegation is of abusing and assaulting the victim. Learned counsel for the appellant submits that on account of throwing garbage, scuffle took place between the parties and there is case and counter case from both sides. He further submits that a panchayati was made, no injury has been received by the informant's side, the petitioner has falsely

Patna High Court CR. APP (SJ) No.110 of 2020(3) dt.02-06-2020 2/2 been implicated in the present and he is in custody since 23.10.2019.

Looking to the entire facts and circumstances of the case, the appellant, named above, is directed to be released on bail on furnishing his personal bond to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, East Champaran at Motihari in connection with Dhaka P.S. Case No.392 of 2019, subject to the condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bonds of the appellant.

Accordingly, the impugned order dated 07.12.2019 passed by 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, East Champaran at Motihari in Dhaka P.S. Case No.392 of 2019 is set aside and the appeal is allowed. (Shivaji Pandey, J) Mahesh/- U T