Patna High CourtCR. APP (SJ)/1477/2020bail granted

Ansu Singh v. The State Of Bihar

2020-12-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1477 of 2020 Arising Out of PS. Case No.-680 Year-2019 Thana- JAMUI District- Jamui ====================================================== ANSU SINGH S/o of Girish Kumar Singh @ Girish Singh R/o of VillageBhajaur, P.S.- Jamui, District- Jamui. .. ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Manoj Kumar, learned counsel for the appellant and Mr. Sadanand Paswan, Special Public Prosecutor for the state through video conferencing.

2. The present appeal is directed against order dated 15.06.2020 passed by Additional Sessions Judge-1st-cum-Special Judge, Jamui in connection with Jamui PS Case No. 680/2019/G.R. No.3649/2019 for the offence registered under Sections 307/34 of the IPC and Section 3(i), (s), 3(i), (r), 3(2) (wa) of the SC/ST Act, by which bail application of the appellant has been rejected.

3. The allegation, as per prosecution story, is that the appellant along with other accused persons fired upon Guddan Singh, Purushottam Kumar and Satyam Kumar due to which, they received fire-arm injuries.

4. Learned counsel for the appellant submits that there is general and omnibus allegation against the appellant and no specific allegation is there against any of the accused persons. Learned counsel further submits that the appellant is in custody since

Patna High Court CR. APP (SJ) No.1477 of 2020(3) dt.07-12-2020 2/2 28.01.2020.

5. Learned counsel for the State, referring to the case diary, submits that out of three victims, two were discharged from the hospital after first-aid treatment and one Purushottam Kumar received bullet injury in his stomach.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the allegation against the appellant is general and omnibus in nature and he is in custody since 28.01.2020, accordingly, the present appeal is allowed, setting aside the order dated 15.06.2020 passed by Additional Sessions Judge-1st-cum-Special Judge, Jamui.

7. Accordingly, let the petitioner, ANSU SINGH be released on regular bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Special Judge, Jamui in connection with Jamui PS Case No. 680/2019/G.R. No.3649/2019.

8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T