Bhola Singh @ Sasikant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2912 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Bhola Singh @ Sasikant Singh, Son of Ram Baran Sharma, Resident of Village- Hadipur, P.S.- Bachuwara, District- Begusarai. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Bachhwara Police Station Case No. 77 of 2017 registered under Sections 302/120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to F.I.R., six accused persons including the appellant fired at the husband of the informant as a result whereof he died. The post mortem report would reveal that only two fire-arm injuries were found on the person of the deceased.
Patna High Court CR. APP (SJ) No.2912 of 2017 (6) dt.02-01-2018 P2/ Learned counsel for the appellant submits that there is no specific allegation against the appellant and in fact the informant is not an eyewitness of the occurrence. The appellant is in custody since 05.06.2017.
Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T