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Patna High CourtCR. APP (SJ)/3186/2017allowed

Nandan Singh v. The State Of Bihar

2018-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3186 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Nandan Singh, Son of Suresh Singh, Resident of Village- Mokhtiyarpur, P.S.- Bhagwanpur, Distt- Begusarai.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Abhay Kumar Jha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2018 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 by the learned Special Judge (S.C./S.T.), Begusarai in Bachhwara P.S. Case No. 77 of 2017 registered under Sections 302/120B/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(2)(v) of the SC/ST Act.

Allegation against the appellant is that while he was in jail, he conspired as a result whereof murder of the husband of the informant was committed.

Learned counsel for the appellant submits that co-accused Bhola Singh @ Sasikant Singh and Raj Ballabh Sahni,

Patna High Court CR. APP (SJ) No.3186 of 2017 (4) dt.09-01-2018 2/2 against whom there is allegation of firing, have already been allowed bail by this Court vide orders dated 02.01.2018 and 15.12.2017 passed in Cr. Appeal (SJ) Nos. 2912 of 2017 and 3296 of 2017.

Considering the facts aforesaid, 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T