Gorelal Singh @ Gorelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2151 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- KHARHAGPUR District- Munger ============================================== GORELAL SINGH @ GORELAL Son of Late Sahendra Singh Resident of Village - Manigoan, P.S. - Kharagpur (Shampur), Distt.- Munger ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Kumar Kamal Nayan, Adv.

For the Respondent/s :

Mr. Sharda Nand Mishra, Special P.P.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Kumar Kamal Narayan, learned counsel for the appellant and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.

By way of the present appeal preferred under Section 14 (a) (2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities), Act 1989, the appellant has challenged the order dated 18.08.2020 passed by the learned Special Sessions Judge (SC/ST), Munger, in connection with Kharagpur (Shampur) P.S. Case No. 45/2020 dated 18.02.2020, whereby the prayer made on behalf of the appellant for grant of bail for the offences under Sections 302, 201 and 34 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.2151 of 2020(2) dt.05-01-2021 2/3 and Section 3(2)(v) of SC/ST Act has been rejected. From the perusal of the First Information Report, it appears that the grandson of the informant was killed. During the search of his dead body, the appellant and others were asked about their knowledge regarding the deceased but the appellant did not give any satisfactory answer. Only on this account, the appellant has been suspected for the commission of the crime.

The appellant is in custody since 19.05.2020. It has been urged on behalf of the appellant that the suspicion in the mind of the informant is based on no material fact.

Regard being had to the nature of accusation and period of custody of the appellant, the order dated 18.08.2020 passed by learned Special Sessions Judge (SC/ST), Munger is set aside.

The appeal stands allowed.

The appellant, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of like amount each to

Patna High Court CR. APP (SJ) No.2151 of 2020(2) dt.05-01-2021 3/3 the satisfaction of learned Special Sessions Judge, (SC/ST), Munger in connection with Kharagpur (Shampur) P.S. Case No. 45/2020.

(Ashutosh Kumar, J) sunilkumar/- U T