Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2166 of 2020 Arising Out of PS. Case No.-114 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Yogendra Singh Son of Ram Udgaar Singh, Resident of Village- Ward No.2, Singhia, Police Station- Bibhutipur, Distt- Samastipur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bijay Bhushan Prasad For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-02-2021 Heard learned counsel for the appellant and learned counsel for the State.

The appeal is admitted.

This is an appeal under section 14 (A) (2) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 23.09.2020 passed by 1st Additional Sessions Judge, Samastipur in connection with Bibhutipur P.S. Case No. 114 of 2020 registered for offence punishable under sections 120(B), 302 of the Indian Penal Code, section 27 of the Arms Act and sections 3 (2) (v) of the SC/ST (POA) Act whereby and whereunder the prayer for anticipatory bail made on behalf of the appellant has been rejected.

During investigation it transpired that the appellant

Patna High Court CR. APP (SJ) No.2166 of 2020(2) dt.26-02-2021 2/2 along with Kuldeep Kumar was instrumental in killing the victim lady.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the appellant and accordingly his prayer for grant of anticipatory bail is rejected. However, if the appellant surrenders before the court below, the court below without being prejudiced by this order will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T