Arbind Kumar Singh @ Arvind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.31 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- OBRA District- Aurangabad ====================================================== ARBIND KUMAR SINGH @ ARVIND SINGH S/o Shivpujan Singh @ Ramashish Singh R/o Village-Tara, P.S.-Obra, District-Aurangabad. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ashok Kumar Singh, Adv.
For the Respondent/s :
Mr. Binay Krishna Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2021 Heard Mr. Ashok Kumar Singh, learned counsel for the appellant and Mr. Binay Krishna, learned Special P.P. for the State.
The appellant has challenged the order dated 24.09.2020 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Aurangabad in ABP No. 777/2020 arising out of Obra P.S. Case No. 88/2020 whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences under Sections 147, 149, 341, 323, 307, 448, 504 and 506 of the Indian Penal Code and Section 3(i)(r)/3(I)(s)/3(2)(v) of SC/ST (POA), Act has been rejected.
Patna High Court CR. APP (SJ) No.31 of 2021(6) dt.28-06-2021 2/3 It has been urged on behalf of the appellant that though he has been named in the F.I.R. but there is no specific accusation against him. The specific act of assault has been attributed to others. It has also been argued that the injuries suffered by the victims are all simple in nature. There is a counter version of the occurrence also, which has been lodged by one of the family members of the appellant. The provisions contained in the SC/ST Act have only been added, it has been urged, to add serious colour to the case. Regard being had to the aforesaid facts, the order dated 24.09.2020 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Aurangabad is set aside.
The appeal stands allowed.
The appellant, above named, is directed to be released on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt /production of a copy of this order on his furnishing bail bonds in the sum of Rs. 10,000 (Rs. Ten Thousand) with two sureties of like amount each to the
Patna High Court CR. APP (SJ) No.31 of 2021(6) dt.28-06-2021 3/3 satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Act, Aurangabad in connection with Obra P.S. Case No. 88/2020.
(Ashutosh Kumar, J) sunilkumar/- U T