Patna High CourtCR. APP (SJ)/2611/2018allowed

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

2018-09-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2611 of 2018 Arising Out of PS.Case No. -201 Year- 2016 Thana -BIHRA District- SAHARSA ===========================================================

1. Sanjeev Singh @ Sanjeev Kumar Singh S/o Laxmeshwar Singh, resident of Village- Purikh, P.S.- Bihra, District- Saharsa. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dhananjay Nath Tiwari, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-09-2018 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 against the refusal of prayer for bail vide order dated 11.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa, in connection with Bihra Police Station Case No.201 of 2016, registered under Sections 147/148/149/341 /323/ 324 / 307 / 302/504 of the Indian Penal Code and Sections 3(i)(x)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant and other named accused person is of commission of assault. The appellant was armed

Patna High Court CR. APP (SJ) No.2611 of 2018 dt.05-09-2018 P2/ with lathi. The assault resulted in death of Chano Ram. There is counter case also.

Considering the general and omnibus nature of allegation, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date07.09.2018 Transmission Date 07.09.2018