Amar Singh @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1298 of 2020 Arising Out of PS. Case No.-351 Year-2018 Thana- GAURICHAK District- Patna ====================================================== AMAR SINGH @ AMAR KUMAR Son of Ramjee Singh Resident of Village - Sudiha, P.S.- Gaurichak, District- Patna ... ... Appellant

Versus

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

For the Appellant :

Mr.Arun Kumar, Advocate For the Respondent :

Usha Kumari 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the parties.

The appellant has challenged impugned order dated 13.2.2020, passed by the Court below in a case filed for offence punishable under section 307 and other allied sections of the Indian Penal Code read with section 3 of the SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case with a view to mount pressure so that he could

Patna High Court CR. APP (SJ) No.1298 of 2020(2) dt.01-06-2020 2/3 succumb to the pressure and the other side may succeed in grabbing petitioner's land. There is case and counter case and there is general and omnibus allegation against the appellant as well as other accused persons and no specific overt act has been alleged against him. Appellant is in custody since 18.2.2019.

Taking into consideration the facts and circumstances of the case, the impugned order dated 13.2.2020 is set aside and the appeal is allowed. Let the appellant, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, SC/ST Act, Patna in Special case no. 515/2018/Gaurichak Police Station Case No. 351/2018, on the following conditions:-

(1) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the appellant tampers with the evidence or

Patna High Court CR. APP (SJ) No.1298 of 2020(2) dt.01-06-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T