Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1963 of 2020 Arising Out of PS. Case No.-197 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== BHIM SINGH Son of Late Rakpat Singh Resident of Village- Karchoi, P.S.- Imamganj, District- Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Amarendra Kumar Singh For the Respondent/s :

Ms. Usha Kumari No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the order dated 02.07.2020, passed by learned Exclusive Special Judge, SC/ST Act, Gaya in B.P. No. 541 of 2020, arising out of Imamganj P.S. Case No. 197 of 2019, whereby the appellant's prayer for regular bail has been rejected.

The appellant is in custody since 22.06.2020. It is apparent from the FIR that there is land dispute between the informant and the persons named in the FIR. Allegedly, the appellant, his son Ranjan Singh and Vicky Singh came to the informant's house. The appellant, it is alleged, started using abusive language taking the name of informant's husband. When objected to, allegedly, co-accused Ranjan Singh outraged the modesty of the

Patna High Court CR. APP (SJ) No.1963 of 2020(2) dt.18-01-2021 2/2 informant and thrashed her to ground.

My attention has been drawn to an order of this Court dated 01.12.2020, passed in Cr. Appeal No. 1861 of 2020, whereby co-accused Ranjan Singh has been allowed regular bail. From perusal of the FIR, it is evident that the case of the present appellant cannot be distinguished from that of coaccused Ranjan Singh for the purpose of grant of regular bail. Considering the facts and circumstances, in my opinion, a case for grant of regular bail is made out on the basis of what has been alleged in the FIR. The impugned order dated 02.07.2020, thus, requires interference by this Court, which is accordingly set aside.

This appeal is allowed. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Gaya, in B.P. No. 541 of 2020, arising out of Imamganj P.S. Case No. 197 of 2019.

(Chakradhari Sharan Singh, J) Rajesh/- U T