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Patna High CourtCR. APP (SJ)/980/2020allowed

Jeewan Singh @ Jeevan Singh v. The State Of Bihar

2020-09-14Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.980 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== JEEWAN SINGH @ JEEVAN SINGH Son of Raja Ram Singh Resident of Village- Hasanpur, P.S.- Hasanpur, District- Samastipur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-09-2020 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order 11-02-2020 passed by learned Additional District Judge-Ist cum Special Judge SC/ST Act, Samastipur passed in Hasanpur P.S. Case no. 270 of 2019 instituted for the offences under sections 147, 307,323, 325, 341, 379, 427, 448, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Act, whereby the prayer for bail of the appellant has been rejected.

Learned counsel appearing for the appellant submits that the appellant is innocent and has not committed any offence. In fact, the co-convict having more or less similar

Patna High Court CR. APP (SJ) No.980 of 2020(2) dt.14-09-2020 2/2 allegation has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Appeal (S.J) No. 1054 of 2020 and the case of this appellant stands on similar footing. The appellant is rotting in judicial custody since 03.02.2020, which is evident from Annexure-2 to the supplementary affidavit. Hence, the appellant may be enlarged on regular bail.

Considering the facts and circumstances of the case, let the above named appellant be released on bail on furnishing his personal bond to the satisfaction of the learned Additional District Judge- 1st -cum- Special Judge, SC/ST Act, Samastipur in connection with Hasanpur P.S. Case No. 270 of 2019. Accordingly, this appeal is allowed.

(Arvind Srivastava, J) brajesh/- U T