Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.401 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- TARAIYA District- Saran ====================================================== Chandan Kumar Sinha, son of Prabhunath Singh Resident of Village - Pachaurar, P.S.-Taraiya, District-Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Santosh Chandra Bhaskar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 16-04-2019 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 by order dated 08.01.2019 passed by the learned Special Judge, (S.C./S.T. Act), Chapra in connection with Taraiya P.S. Case No.270 of 2018 registered under Sections 341, 324, 323, 307, 504 and 34 of the Indian Penal Code and Sections 3(i)(r), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant allegedly assaulted with dagger causing injury to the informant as well as to Kapildeo Paswan. The doctor has found simple injuries on the person of the injured though the

Patna High Court CR. APP (SJ) No.401 of 2019 dt.16-04-2019 2/2 injuries were found at the different part of chest and upper arm. Appellant is in custody since 19.12.2018 and he has got no criminal antecedent.

Considering the nature of allegation and the period undergone and completion of the investigation, 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 condition that both bailors shall be resident of territorial jurisdiction of the learned Court below and further 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.

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

(Birendra Kumar, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18/04/2019 Transmission Date 18/04/2019