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Patna High CourtCR. APP (SJ)/818/2020allowed

Subhash Singh @ Manish Kumar @ Subhash @ Manish Singh v. The State Of Bihar

2020-06-01Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.818 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== 1.

SUBHASH SINGH @ MANISH KUMAR @ SUBHASH @ MANISH SINGH, Son of Awadhesh Singh, Resident of Village - Dewan Bigha, P.S.- Kashichak, Dist.- Nawada.

2.

Barandi Singh @ Murari Singh @ Murari Kumar, Son of Vidya Singh, Resident of Village - Dewan Bigha, P.S.- Kashichak, Dist.- Nawada. 3.

Raish Singh @ Raish Kumar @ Rahis Singh @ Rahis Kumar, Son of Sanjay Singh, Resident of Village - Dewan Bigha, P.S.- Kashichak, Dist.- Nawada. 4.

Rai Singh @ Pappu Singh @ Ranjit Kumar, Son of Hero Singh, Resident of Village - Dewan Bigha, P.S.- Kashichak, Dist.- Nawada. 5.

Tunari Singh @ Shatrughan Kumar, Son of Adan Singh, Resident of Village - Dewan Bigha, P.S.- Kashichak, Dist.- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raj Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-06-2020 Heard both sides through Video Conferencing.

The appellants seek bail in Kashichak P.S. Case No.13 of 2019 registered under Sections 147, 149, 341, 323, 307, 379, 427 and 436 of the IPC and under Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities Act).

The informant alleged that while he was sitting along with his family members in his house, all the accused persons

Patna High Court CR. APP (SJ) No.818 of 2020(3) dt.01-06-2020 2/3 came to his house and began to abuse. They asked from his daughter as to whereabout the informant. When the informant came out from the house, the accused persons assaulted the informant and his daughter and set ablaze his house. Learned counsel for the appellants submits that the police after investigation submitted charge sheet under Sections 147, 149, 341, 323, 427, 436 of the I.P.C. and different sections of the SC/ST Act. There is a counter version being Kashichak P.S. Case No.14 of 2019. Earlier the informant had gone to jail in a case registered from the side of the appellants. Learned counsel for the other side vehemently opposed the prayer for bail of the appellants.

Having considered the facts and the nature of allegations made against the appellants and the fact that there is a case and counter case and the appellants are in jail since 28.01.2020, the appellants named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge (SC/ST Prevention of Atrocities Act)-cum-Additional Sessions Judge-I, Nawada in connection with Special Case No.22 of 2019 arising out of Kashichak P.S. Case No.13 of 2019.

Patna High Court CR. APP (SJ) No.818 of 2020(3) dt.01-06-2020 3/3 Accordingly, this appeal is allowed.

(Prabhat Kumar Jha, J) Harish/- U T