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Patna High CourtCR. APP (SJ)/936/2019allowed

Shubham Kumar Singh @ Subham Kumar Singh v. The State Of Bihar

2019-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.936 of 2019 Arising Out of PS. Case No.-477 Year-2018 Thana- GARKHA District- Saran ====================================================== SHUBHAM KUMAR SINGH @ SUBHAM KUMAR SINGH Son of Saroj Singh R/o village- Himatpur, P.S.- Garkha, District- Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 03-04-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Garkha P.S.Case No.477 of 2018 , registered for offences punishable under Sections 341, 323, 324, 307, 509, 504/34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant and other accused persons is of abusing the informant by caste name and further allegation against the co-accused Rajnish Kuamr Singh is that he stabbed the informant. Submission of the learned counsel for the appellant is that as a matter of fact there is dispute with respect to purchase of a piece of land, as such the appellant has falsely been implicated in this case and no specif allegation has been attributed against him.

Heard learned Spl.P.P. also.

Patna High Court CR. APP (SJ) No.936 of 2019 dt.03-04-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge of SC/ST (POA Act), Chapra in connection with Garkha P.S.Case No.477 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date