Umesh Singh @ Umesh Prasad Singh @ Umesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.832 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== UMESH SINGH @ UMESH PRASAD SINGH @ UMESH KUMAR SINGH S/o Shiv Prasad Singh Resident of Village- Fatehpur Chain Suaran, P.S.- Avtarnagar, District- Saran.
... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Anuj Kumar Shrivastava For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-06-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.
This appeal is directed against the order dated 10.09.2018 passed by 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No. 3065 of 2018 in connection with Avtarnagar P.S. Case No. 93 of 2018 registered under sections 376, 511, 323, 504/34 of the Indian Penal Code and Sections 3 (i)(x) 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 village politics. Nothing specific is alleged against this appellant rather the allegations levelled are general and
Patna High Court CR. APP (SJ) No.832 of 2019(4) dt.18-06-2019 2/2 omnibus against all the accused persons. Moreover, the present case has been lodged after two months of the alleged occurrence without there being any plausible explanation for the delay. Appellant is a man of clean antecedent.
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, Saran at Chapra in connection with Avtarnagar P.S. Case No. 93 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/- U T