Patna High CourtCR. APP (SJ)/947/2017allowed

Aditya Singh v. The State Of Bihar

2017-05-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.947 of 2017 Arising Out of PS.Case No. -77 Year- 2013 Thana -PHULWARIA District- BEGUSARAI ====================================================== Aditya Singh, S/o Late Vinod Singh, R/o Vill.- Baro Kadir Chak, Gachhi Tola, P.S.- Fulwaria, Dist.- Begusarai.

.... .... Appellant

Versus

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

For the Appellant : Mr. Shubhesh Pandey, Advocate.

For the Respondent : Ms. Nirmala Kumari. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-05-2017 Heard learned counsel for the appellant and learned APP.

Considering the last paragraph of the written report wherein there happens to be disclosure regarding pendency of criminal cases against the appellant for demand of Rangdari, the appellant was directed to file details thereof and accordingly, supplementary affidavit has been filed wherein at paragraph-2 it has specifically been mentioned that appellant has got absence of criminal antecedent.

Coming to the facts of the case it is evident from the written report that while informant, a washer man was in a way to his house was intercepted by Aditya Singh as well as Meghnath Singh who, on the pretext of firearm threatened to pay Rs. 1000/-

Patna High Court CR. APP (SJ) No.947 of 2017 (4) dt.08-05-2017 2/2 as Rangdaari while Meghnath Singh began to assault made with fists and slaps and even thereafter snatched Rs. 520/-. It is also evident that appellant was enjoying privilege of Section 41 Cr.P.C. during course of investigation and after surrender, he is under custody since 18.01.2017.

Consequent thereupon, appellant Aditya Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, S.C.S.T. (POA) Act, Begusarai in connection with Phulwaria P.S. Case No. 77 of 2013 after setting aside the order dated 02.03.2017 passed by the Special Judge, S.C.S.T. (POA) Act, Begusarai in connection with Phulwaria P.S. Case No. 77 of 2013.

Thus, the appeal is allowed.

(Aditya Kumar Trivedi, J.) KKSINHA/- U T