Ritesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.437 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

RITESH SINGH Son of Binod Singh @ Vinod Singh Resident of Village - Vishrampur, P.S.- Sasaram (Muffasil), Distt - Rohtas (Bihar). 2.

Gorakh Sah Son of Late Jagdish Sah Resident of Village - Vishrampur, P.S.- Sasaram (Muffasil), Distt - Rohtas (Bihar).

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Gajendra Nath Ojha, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A) 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 Additional Sessions Judge-I, Sasaram, in Registration No. 100 of 2019, arising out of Sasaram (Muffasil) Police Station Case No. 139 of 2019, registered under Sections 302/201/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Specific allegation is against co-accused Bhodhu

Patna High Court CR. APP (SJ) No.437 of 2020(2) dt.31-01-2020 2/2 Yadav @ Rakesh Yadav to have caused fire-arm injury to the deceased.

Submission is that general and omnibus allegation is there against the appellants and similarly situated co-accused Amit Singh has been allowed bail by a coordinate Bench of this Court vide order at Annexure-2/a.

Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 the appellants 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 appellants. The appellants 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