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Patna High CourtCR. APP (SJ)/1158/2019allowed

Munna Singh v. The State Of Bihar

2019-04-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1158 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Munna Singh, Son of Achutanand Singh @ Achhutanand Singh Resident of Village - Siswania, P.S.- Lauria. Distt - West Champaran at Bettiah. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raghunandan Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 12.12.2018 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in ABP No. 2010 of 2018 arising out of Lauria P.S.Case No. 262 of 2018 registered under Sections 147, 148, 149, 307, 332, 333, 337, 338, 341 and 353 of the Indian penal Code and Sections 3(2)(v-a)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant and other 24 named accused persons is of pelting stones on the police party and the FIR has been lodged by the police Inspector who belongs to the

Patna High Court CR. APP (SJ) No.1158 of 2019 dt.01-04-2019 2/2 Scheduled Caste.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against the appellant and he has been made accused along with 24 other accused persons. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees 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, West Champaran at Bettiah in ABP No. 2010 of 2018 arising out of Lauria P.S.Case No. 262 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

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