Chhotu Singh @ Sashikesh Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3320 of 2021 Arising Out of PS. Case No.-270 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== CHHOTU SINGH @ SASHIKESH ANAND Son of Sambhu Singh Resident of Village- Hasanpur, P.S.- Hasanpur, District- Samastipur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sanjay Kumar Raushan Son of- Maheshwar Chaupal R/o- Navtolia, Atapur, Hasanpur,P.S.- Hasanpur, Dist.- Samastipur, State- Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Om Prakash Prasad Mr.Rajnish Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2022 Heard learned counsel for the appellant and learned Spl.P.P. for the State. Though vakalatnama has been filed on behalf of the respondent no.2 but when the case is called out, nobody appears on behalf of the respondent no.2. Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. This is an appeal under section 14A of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1989, against the refusal of prayer for bail vide order dated 07.06.2021, passed by learned Special Judge- SC/ST Act, Samastipur, in

Patna High Court CR. APP (SJ) No.3320 of 2021(3) dt.24-03-2022 2/3 connection with Hasanpur P.S. Case No.270 of 2019, registered under sections 147, 307, 323, 325, 341, 379, 427, 448, 504, 506 of the IPC, section 27 of the Arms Act and sections 3(1),(r),(s) / 3 (2) (va) of the SC/ST Act.

The allegation upon the appellant is that he being the member of the mob entered into the house of the informant, using abusive language and beaten the domestic animals, vandalized his house, tractor and motorcycle. It is submitted by learned counsel for the appellant that no such occurrence, in the manner as alleged has ever taken place. Appellant has been falsely implicated in the case due to previous dispute. There is general and omnibus allegation against the appellant and the specific allegation of firing is against Jivan Singh and Rishikesh Singh, however, the said Rishikesh Singh has been granted anticipatory bail vide order dated 12.01.2021 in Cr. Appeal No.1618/2020 (S.J.) by a coordinate Bench of this Court. One of the co-accused Rohit Singh has been granted bail by this Court vide order dated 27.11.2020 passed in Cr. Appeal No.1689 of 2020 (S.J.). The appellant has three criminal antecedent and has been languishing in custody since 25.05.2021.

Learned Spl. PP for the State opposed the prayer for bail.

Patna High Court CR. APP (SJ) No.3320 of 2021(3) dt.24-03-2022 3/3 In the facts and circumstance of the case, considering the custody undergone and that the similarly situated several coaccused have been granted bail, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge- SC/ST Act, Samastipur, in connection with Hasanpur P.S. Case No.270 of 2019.

The impugned order is accordingly set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) pallavi/- U T