Tutu Singh @ Amrendra Kumar @ Amrendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1292 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- PHENHARA District- East Champaran ====================================================== TUTU SINGH @ AMRENDRA KUMAR @ AMRENDRA SINGH S/o Satendra Singh Resident of Village- Vishunpur Bashant, P.S.- Phenhara, DisttEast Champaran ... ... Appellant

Versus

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

For the Appellant :

Mr.Ajay Kumar Singh, 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 17.2.2020, passed by the Court below in a case filed for offence punishable under sections 379/34 and other allied sections of the Indian Penal Code read with section 3 of the SC/ST Act. It is alleged that when the informant's driver was returning after dropping the seed in the field, the appellant and other accused persons assaulted the driver by fists and slaps. They also demand of earnings of the tractor. Appellant is further alleged to have given knife blow on the head of nephew of the

Patna High Court CR. APP (SJ) No.1292 of 2020(2) dt.01-06-2020 2/3 informant.

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case. He submits that in fact driver of the informant had damaged some crops which ensued minor scuffle between the parties. The doctor has found the injuries to be simple in nature. Appellant is in custody since 20.1.2020.

Taking into consideration the facts and circumstances of the case, the impugned order dated 17.2.2020 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 Additional Sessions Judge I cum Special Judge, SC/ST Act, East Champaran at Motihari in Phenhara Police Station Case No. 83 of 2019, 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.1292 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