Sohit Singh @ Sohit Amarjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1054 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== Sohit Singh @ Sohit Amarjeet Singh S/o Shivanand Singh Resident of Village- Hasanpur, P.S.- Hasanpur, District- Samastipur ... ... Appellant

Versus

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

For the Appellant :

Mr.Pramod Kumar Singh, Advocate For the Respondent :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-06-2020 Heard learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of the State. This appeal is directed against the order dated 11.02.2020 passed by learned 1st Additional Sessions Judgecum-Special Judge, (SC/ST) Act, Samastipur in connection with Hasanpur P.S. Case No. 270 of 2019 for the offence under Sections 147, 307, 323, 325, 341, 379, 427, 448, 504, 506 and 354B/34 of the Indian Penal Code and Section 3(i) (r)(s)(w) and 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel appearing on behalf of the appellant would submit that from the entire prosecution case, there is no allegation of any overt act against the appellant.

Patna High Court CR. APP (SJ) No.1054 of 2020(3) dt.01-06-2020 2/2 Considering the fact that there is no allegation of any overt act against the appellant, the Court is inclined to allow the appeal. Accordingly, the order dated 11.02.2020 passed by learned 1st Additional Sessions Judge-cum-Special Judge, (SC/ST) Act, Samastipur in connection with Hasanpur P.S. Case No. 270 of 2019 is set aside. The Appeal is allowed. The appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, (SC/ST) Act, Samastipur in connection with Hasanpur P.S. Case No. 270 of 2019, subject to the condition that the appellant shall render his service as volunteer in the District Health Centre for a period of three months in dedicated Covid hospital. He is required to report the District Nodal Officer in the concerned region who shall utilise the service of the appellant appropriately. (Anil Kumar Upadhyay, J) BT/- U T