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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1563 of 2019 Arising Out of PS. Case No.-145 Year-2014 Thana- AANDAR District- Siwan ====================================================== UDAY SINGH @ UDAY KUMAR SINGH Son of Vishishan Singh, Resident of Village- Bangra, Police Station- Basantpur, District- Siwan, Accounts Assistant, Block Ander, Police Station- Ander, District- Siwan. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Tiwary For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 01.03.2019 passed by the Additional Sessions Judge, 1st -cum- Special Judge, Siwan in connection with Ander P.S. Case No. 145 of 2014 registered under Sections 341, 323, 379 and 504 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellant has been rejected.

Learned counsel appearing for the appellant submits that the appellant, who is of clean antecedent, is innocent and has not committed any offence. In fact, the

Patna High Court CR. APP (SJ) No.1563 of 2019 dt.24-04-2019 2/2 there is case and counter case between the parties. The appellant has falsely been implicated in this case and in this regard the appellant has also represented before the District Magistrate, Siwan which is evident from Annexure-3. Hence, the appellant may be granted the privilege of pre-arrest bail. Considering the facts and circumstances of the case, let the above named appellant in the event of his surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st -cum- Special Judge, Siwan in connection with Ander P.S. Case No. 145 of 2014 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

(Arvind Srivastava, J) brajesh/- U T