Chitranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1026 of 2016 Arising Out of PS.Case No. -284 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Chitranjan Singh Son of Hridya Singh, resident of Village:- P.O.: Biso Dihri, P.S: Kargahar (Sirhi O.P.), District:- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Vikram Deo Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Present appeal has been preferred by the appellant under Section 14A(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities ) Act, 1989, for grant of regular bail in connection with Kargahar (Sirdhi) 284/2015, (S.Tr. No. 382/16) for the offences punishable under Sections 302/34 Indian Penal Code and Section 3(i)(vii)(xi) of SC/ST Act.

Allegation against the appellant that he along with coaccused persons of this case, came to the house of the informant and asked them to cast their vote in favour of a particular political party but the informant refused to do so, upon which appellant and other co-accused persons started abusing them by their caste name and, thereafter, they fired on the son of the informant, due to which he died on the spot.

Patna High Court CR. APP (SJ) No.1026 of 2016 (6) dt.15-05-2017 2/2 It has been submitted on behalf of the appellant that as per F.I.R, allegation of firing is against other co-accused person of this case. Further later on during the course of investigation, it has come that only two persons have fired and postmortem report also shows, there is only one injury on the person of the deceased. It has also been submitted that informant is not the eye-witness of the said occurrence. Petitioner has been in judicial custody for last eleven months.

Heard learned Special Public Prosecutor also. Having heard both sides, in view of the fact and circumstances of the case as stated above, this appeal is allowed, appellant, Chitranjan Singh, is directed to be released on regular bail on furnishing bail bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with Kargahar (Sirdhi) 284/2015, (S.Tr. No. 382/16), after setting aside the order 07.06.2016, passed by learned 1st Additional Sessions Judge, Rohtas at Sasaram. (Vinod Kumar Sinha, J) sunil/- U T