Patna High CourtCR. APP (SJ)/120/2021bail granted

Amarjit Kumar Singh @ Chote v. The State Of Bihar

2021-10-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.120 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- SAHJAHANPUR District- Patna ====================================================== AMARJIT KUMAR SINGH @ CHOTE, S/o Jamun Singh, resident of village Kharbhaiya, P.S. Shahjahanpur, District Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. N.K. Agarwal, Sr. Advocate.

Mr.Preety Kunwar, Adv.

For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-10-2021 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

The appellant seeks pre-arrest bail in connection with Shahjahanpur P.S. Case No. 21 of 2020 for the offence registered under Sections 341, 323, 353 and 504 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellants submits that the appellant has been falsely implicated in this case. It is further submitted that as per the first information report, the occurrence took place in the house of the appellant which is not a public place, as such, the alleged occurrence not occurred in public view. No case is made out under the provisions of the SC/ST Act. It is further submitted that the appellants have no criminal antecedent.

Patna High Court CR. APP (SJ) No.120 of 2021(2) dt.26-10-2021 2/2 Having heard both sides and in the facts and circumstances of the case, let the appellant, above named, in the event of his arrest/surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST, Patna in connection with Shahjahanpur P.S. Case No. 21 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

Accordingly the appeal is allowed and the impugned order dated 16.09.2020 passed in A.B.P. No. 5210 of 2020 is hereby set aside.

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