Patna High CourtCR. APP (SJ)/59/2021bail granted

P Singh v. The State Of Bihar

2021-10-28Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.59 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- ATRI District- Gaya ====================================================== P SINGH S/o Dev Singh Resident of Village- Tetaur, P.S.- Atri, Distt- Gaya. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Sinha, Adv.

For the Respondent/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2021 Heard learned counsel for the appellant as well as learned Addl. P.P. for the State.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This is an appeal under section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for bail vide order dated 27.2.2020 passed by learned Exclusive Special Judge, SC/ST, Gaya in connection with A.B.P. No. 50 of 2020 arising out of Atri P.S. Case No. 6 of 2020 registered for offence punishable under sections 147, 148, 341, 323, 354, 435, 427, 384 of the Indian Penal Code read with Section 3(1)(r)(s)(v), 3(2)(va) of SC/ST Act, whereby and whereunder the prayer for

Patna High Court CR. APP (SJ) No.59 of 2021(2) dt.28-10-2021 2/3 anticipatory bail on behalf of the appellant has been rejected. As per FIR, altogether seven accused persons entered in the house of the informant Biru Manjhi and assaulted him and abused him when the wife of the informant Lacho Devi came to rescue him, they also assaulted her and set fire to his khalihan. Learned counsel for the appellant has submitted that the entire allegation is false and frivolous. The real fact is that there is a counter case from the side of the appellant on the family members of the informant. He has further submitted that other accused persons have been granted anticipatory bail by a learned coordinate Bench of this Court vide order dated 7.10.2020 in Cr. Appeal (SJ) No. 1563 of 2020. This Court does not see any reason as to why the same privilege should not be extended to the present appellant.

As such, considering the facts and circumstances of the case, the impugned order dated 27.2.2020 is set aside and the appellant, in the event of his arrest or surrender within four weeks from today is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Atri P.S. Case No. 6 of 2020.

Patna High Court CR. APP (SJ) No.59 of 2021(2) dt.28-10-2021 3/3 Accordingly, this appeal is allowed.

Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T