Manik Chandra Singh @ Dablu Singh @ Manik Chander Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1246 of 2021 Arising Out of PS. Case No.-299 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Manik Chandra Singh @ Dablu Singh @ Manik Chander Singh S/O Jag Narayan Singh R/O Village-Rauni, P.S-Rajpur, District-Buxar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar, Advocate.

For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-07-2021 Heard the parties in virtual Court.

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 08.01.2021 passed by the learned 1st Addl. Sessions Judge cum Special Judge, Buxar in SC/ST Case No. 147 of 2020, arising out of Rajpur P.S. Case No. 299 of 2020 registered under Section 302/34 of the Indian Penal Code and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. was lodged on recovery of dead body of the husband of the informant.

The impugned order does not reveal that any witness has claimed to have seen the occurrence. Only evidence against the appellant is circumstance of last seen. Investigation of the

Patna High Court CR. APP (SJ) No.1246 of 2021(3) dt.30-07-2021 2/2 case is already complete.

Considering the facts aforesaid, let the appellant, above named, be released on bail, on furnishing bail bonds 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 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 the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T