Patna High CourtCR. APP (SJ)/2404/2019bail granted

Golu Kumar Singh @ Golu Kumar v. The State Of Bihar

2019-07-17Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2404 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- TARAIYA District- Saran ====================================================== Golu Kumar Singh @ Golu Kumar Son of Vijay Singh R/o Village- Pachraur, P.S.- Taraiya, District- Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ravi Prakash For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 22.05.2019 passed by learned Special Judge, SC/ST (POA) Act, Saran at Chapra in Taraiya P.S. Case No. 270 of 2018 registered under Sections 341, 324, 323, 307, 504/34 of the Indian Penal Code and Section 3(i)(r), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Over row of not making advertisement of the shop of the informant, appellant along with one other accused,

Patna High Court CR. APP (SJ) No.2404 of 2019(3) dt.17-07-2019 2/3 namely, Chandan Kumar Singh is said to have slated the informant in the name of his caste and assaulted him by means of knife and when the Kapildeo Paswan rushed in his rescue, they assaulted him by means of knife.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Allegation levelled against the appellant is not specific rather general and omnibus in nature. Both victims though have sustained incised wounds but all are simple in nature. Appellant has no criminal antecedent and has been languishing in custody since 07.05.2019 and similarly situated co-accused, namely, Chandan Kumar Singh has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 16.04.2019 passed in Cr. Appeal (SJ) No. 401 of 2019.

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

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, Saran at Chapra in

Patna High Court CR. APP (SJ) No.2404 of 2019(3) dt.17-07-2019 3/3 connection with Taraiya P.S. Case No. 270 of 2018. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- U T