Krishnanand Singh @ Krishnanandan Singh @ Shri Krishana Nandan Singh @ Kishnandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.165 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== KRISHNANAND SINGH @ KRISHNANANDAN SINGH @ SHRI KRISHANA NANDAN SINGH @ KISHNANDAN SINGH Son of Late Bishwanath Singh Resident of Village - Mohadipur, P.S.- Majhaulia, District - West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Sp.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 16.09.2020 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Bettiah, West Champaran in ABP No. 1177 of 2020 whereby the prayer for bail of the appellant in connection with Majhaulia P.S. Case No. 298 of 2020 under Sections 341, 323, 324, 354B, 379, 504/34 of the Indian Penal Code and section 3(i)(r) of SC/ST Act was rejected.

As per allegation, appellant has caught hair of the mother of the informant and pull her down on soil and with bad intention tore her clothes and made her half naked. It is submitted by learned counsel for the appellant that appellant has been falsely implicated this case. There is admitted land dispute between the parties. No overt act has been

Patna High Court CR. APP (SJ) No.165 of 2021(2) dt.27-10-2021 2/2 alleged against the appellant. There is case and counter case. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. He has got no criminal antecedent. The application for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. The appellant is directed to be enlarged on bail in connection with Majhaulia P.S. Case No. 298 of 2020 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge-cumSpecial Judge(SC/ST), Bettiah, West Champaran. Accordingly, the appeal is allowed and the impugned order dated 16.09.2020 passed in A.B.P. No 1177 of 2020 is hereby set aside.

(Sunil Kumar Panwar, J) sushma/- U T