Chunnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2500 of 2023 Arising Out of PS. Case No.-673 Year-2022 Thana- HISUWA District- Nawada ====================================================== CHUNNU SINGH Son of Late Krishna Singh Resident of village - Barhona, P.S. - Hisua, Distt. - Nawadah ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Lakshminia Devi Wife of Late Chando Choudhary Resident of village - Dhibri, P.S. - Hisua, Distt. - Nawada ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manish Kumar No2 For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 28.02.2023 passed by learned Exclusive Special Court SC/ST (PoA) Act, Nawada, whereby the prayer for bail of the appellant in connection with Hisuwa P.S. Case No. 673 of 2022 under Sections 302/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST Act was rejected.
3. The allegation against the appellant along with others is of brutally assaulting the husband of the informant leading to his death.
4. It is submitted by learned counsel for the appellant
Patna High Court CR. APP (SJ) No.2500 of 2023(3) dt.05-10-2023 2/3 that appellant has been falsely implicated in this case. There is general and omnibus allegation against the appellant. The appellant being the Gotiya of co-accused Laljeet Singh and due to this they have implicated in the present case. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellants has no intention to disgrace the image of the informant in public view. It is further submitted that the other coaccused namely, Laljeet Singh @ Lalji Singh has already been granted bail by a Co-ordinate Bench vide order dated 21.07.2023 passed in Cr. App (SJ) No. 2216 of 2023. They are languishing in judicial custody since 16.12.2022.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 28.02.2023 is hereby set aside.
7. The appellants are directed to be enlarged on bail in connection with Hisuwa P.S. Case No. 673 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. APP (SJ) No.2500 of 2023(3) dt.05-10-2023 3/3 learned Exclusive Special Court SC/ST (POA) Act, Nawada. (Sunil Kumar Panwar, J) sushma/- U T