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Patna High CourtCR. APP (SJ)/565/2021allowed

Sonu Singh @ Amit Kumar v. The State Of Bihar

2021-02-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.565 of 2021 Arising Out of PS. Case No.-288 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== 1.

SONU SINGH @ AMIT KUMAR Son of Upendra Singh 2.

Ankit Singh @ Ankit Kumar S/o Upendra Singh 3.

Avinash Singh S/o Upendra Singh 4.

Shailendra Singh S/o Daso Singh all are Resident of Village-Amawan, P.S.- Rajauli, District-Nawada.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ringa Devi Wife of Birendra Rajbanshi Resident of Village- Amawan, P.S.- Rajauli, District- Nawada.

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

For the Appellant/s :

Mr.Mrigendra Kumar, Adv.

For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2021 Heard learned counsel for the appellants and learned SPP for the State.

Learned counsel for the appellants undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

This appeal is directed against the order dated 09.09.2020 passed by learned Additional District and Sessions Judge 1st Nawada in connection with Special Case No. 193 of

Patna High Court CR. APP (SJ) No.565 of 2021(2) dt.23-02-2021 2/3 2018 arising out of Rajauli P.S. Case No. 288 of 2018, dated 22.10.2018, registered under Sections 147, 341, 323, 447, 427, 379, 436, 504 and 506 of the Indian Penal Code and Sections 3 (i) (r) and 3 (ii) (iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

From the perusal of the First Information Report, it appears that several persons have been made accused in this case including the appellants, but there is no specific accusation against them.

It has been submitted on behalf of the appellants that they have falsely been implicated in this case. They are persons of clean antecedent and one of the accused namely Bipin Kumar @ Bipin Singh has been granted bail by a coordinate Bench of this Court in Cr.Appeal (SJ) No. 2119 of 2020 on 05.01.2021. The appellant nos. 1 and 4 are in custody since 24.08.2020 and appellant nos. 2 and 3 are in custody since 26.08.2020.

Regard being had to the facts aforesaid, the order dated 09.09.2020, referred to the above, is set aside. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the

Patna High Court CR. APP (SJ) No.565 of 2021(2) dt.23-02-2021 3/3 above named appellants be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-1, Nawada in connection with Rajauli P.S. Case No. 288 of 2018.

The appeal stands disposed of accordingly.

(Anjani Kumar Sharan, J) devendra/- U T