Santosh Kumar Singh @ Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4375 of 2018 Arising Out of PS. Case No.-10 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Santosh Kumar Singh @ Santosh Singh, S/o Late Roop Narayan Singh, Resident of Village- Patti Jasauli, P.S.- Kotwa, Distt.- East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 20-12-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 10.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge SC/ST (POA) Act, East Champaran, Motihari in Pipra Police Station Case No.10 of 2017 registered under Sections 302, 120B of the Indian Penal Code as well as Section 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It appears that co-accused, Pushkar Singh has already been allowed bail by this Court in Criminal Appeal (SJ) No.1735

Patna High Court CR. APP (SJ) No.4375 of 2018 dt.20-12-2018 2/2 of 2018, after noticing the inconsistency in the prosecution statement of commission of firearm injury at the back of the deceased, whereas the medical opinion is that the injury was found at the chest.

Hence, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21.12.2018 Transmission Date 21.12.2018