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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4251 of 2018 Arising Out of PS. Case No.-45 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== Chhotu Kumar Singh @ Chhotu Kumar, S/o Aun Kumar Singh @ Arun Kumar @ Arun Singh, Resident of Village - Bangari, P.S. Baruraj, DistrictMuzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar @ S.K.

For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 27.09.2018 in Baruraj P.S. Case No. 45 of 2018 passed by the learned 11th Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Muzaffarpur in connection with the aforesaid case registered under Sections 341, 323, 307, 379/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(i)(s) of the SC/ST Act.

The allegation is general and omnibus against co-accused Kanha Paswan and others of commission of assault and theft. Appellant is in custody since 14.08.2018.

Patna High Court CR. APP (SJ) No.4251 of 2018 dt.11-12-2018 2/2 Considering the facts aforesaid, especially, general and omnibus nature of allegation, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 11.12.2018 Transmission Date 11.12.2018