Raj Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1595 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -KHUSRUPUR District- PATNA ===========================================================

1. Raj Kumar Singh, Son of Kamlesh Singh,

2. Vikash Singh, Son of Ram Kishore Singh, Both are Resident of VillageBaikathpur, Police Station- Khushrupur in the District of Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Raj Kumar For the Respondent/s : Mr.Sadanan Paswan,SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the parties.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "S.C/S.T Act") against the refusal of prayer for regular bail by the learned Special Judge, S.C/S.T Act-cumAddl. Sessions Judge-V, Patna in Special Case No.57 of 2018, arising out of Khushrupur P.S. Case No.20 of 2018 registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and Sections 3(i)(r), 3(2)(V) of the S.C./S.T. Act. The allegation of commission of firearm injury is against co-accused Bholu Singh. Further allegation is that the appellants and others were also there along with Bholu Singh. No overt act is alleged

Patna High Court CR. APP (SJ) No.1595 of 2018 dt.25-06-2018 2/2 against the appellants and they are in custody since 06.02.2018 and 13.02.2018, respectively.

Considering the aforesaid facts, let the appellants, above named, be released on bail after completion of the investigation on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, S.C/S.T Act-cum-Addl. Sessions Judge-V, Patna in Special Case No.57 of 2018, arising out of Khushrupur P.S. Case No.20 of 2018, subject to the condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) AnilKrSinha/- AFR/NAFR CAV DATE Uploading Date27.06.2018 Transmission Date 27.06.2018