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Patna High CourtCR. APP (SJ)/626/2019allowed

Anil Singh v. The State Of Bihar

2019-05-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.626 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== ANIL SINGH, aged about 32 years, Male, Son of Late Baburam Singh R/o village- Nizampur, P.S- Sarai O.P , Dist- Siwan ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Tiwary For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 16-05-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.

This appeal is directed against the order dated 27.08.2018 passed by 1st Additional Sessions Judge-cumSpecial Judge, Siwan in A.B.P. No. 1384 of 2018 in connection with Pachrukhi (Sarai) P.S. Case No. 150 of 2018 registered under section 307 and other allied sections of the Indian Penal Code and Sections 3(i)(r)(s)/ 3 (2)(va) of the S.C. and S.T. (Prevention of Atrocities) Act.

Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to dirty village politics. The allegations levelled are general and omnibus against all the accused persons and nothing specific is alleged against this appellant. The

Patna High Court CR. APP (SJ) No.626 of 2019 dt.16-05-2019 2/2 appellant is only alleged to be a member of the mob. Moreover, similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 27.02.2019 passed in Cr. Appeal (SJ) No. 187 of 2019. Learned counsel has produced web copy of the aforesaid order. Let it be kept on record.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cumSpecial Judge, Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 150 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

This appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) mcv/- AFR/NAFR CAV DATE Uploading Date Transmission Date