Soten Singh @ Satyandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1567 of 2017 Arising Out of PS.Case No. -70 Year- 2016 Thana -POTHIYA District- KISANGANJ ======================================================

1. Soten Singh @ Satyandra Singh, son of Late Gobardhan Singh, Resident of Village- Bada Pucca Morwa, P.S- Pothia, District- Kishanganj. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Amal Kumar Sinha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 The appellant seeks pre arrest bail in connection with Pathia P.S.Case No.70 of 2016 registered for offences punishable under Sections 364 & 307/34 of the Indian Penal Code and Section 3 (i)(x), 2 (v) of SC/ST (Prevention of Atrocities) Act. Submissions of the learned counsel for the appellants is that from perusal of the F.I.R. it appears that the only allegation against the appellant is that he pushed and pulled the informant and except that there is no allegation neither of kidnapping nor using any abusive word and he has been made accused only due to local village politics.

Heard learned Special P.P. also, who has opposed the prayer for pre-arrest bail.

Having considered both sides and in view of the

Patna High Court CR. APP (SJ) No.1567 of 2017 (3) dt.01-07-2017 2/2 submission, this appeal is allowed and the impugned order with respect to the appellant is set aside.

Let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (S.C./S.T.) Act, Kishanganj in connection with Special Case No.45 of 2016 arising out of Pothia P.S.Case No.70 of 2016, subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 9.3.2017, passed by the Learned Special Judge (S.C./S.T.) Act, Kishanganj in Special Case No.45 of 2016, subject to further conditions that appellant will co-operate in investigation of the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) chn/- U