Rabindra Singh @ Pinki Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.216 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- PATAHI District- East Champaran ====================================================== RABINDRA SINGH @ PINKI KUNWAR Son of Late Ramayodhya Kunwar Resident of Village - Parsauni, P.S.- Patahi, District- East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 09.12.2019 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran, in connection with Patahi Police Station Case No.175 of 2019, registered under Sections 302/394/120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v)(r)(s)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, father of the informant was gun down by some miscreants and suspicion was raised against Ward members of Rupaulia, Khan Pipra and Parsauni

Patna High Court CR. APP (SJ) No.216 of 2020(3) dt.24-02-2020 2/2 Panchayat. Considering the identical material co-accused Awanish Kumar Singh @ Tutu Singh was allowed bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No.4227 of 2019, a copy of the order at page 27.

Hence, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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 bond of the appellant. (c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) Mkr./- U T