Golu Singh @ Shubham Singh @ Sukaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4038 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- BARH District- Patna ====================================================== Golu Singh @ Shubham Singh @ Sukaj Singh Son of Bali Singh @ Prem Ballav Kumar Singh Resident of Village - Langerpur, P.S.- Barh, District - Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raj Kumar For the Respondent/s :

Mr.Sadanand Paswan For the Informant Mr. Anirudh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor for the State through virtual court proceeding.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 03.09.2021, passed by learned Additional District and Sessions Judge-III-cum-Special Judge SC/ST, Patna in connection with Special Case No. 104 of 2021 arising out of Barh P.S. Case No. 142 of 2021, registered under Sections 302/34 of the IPC, Section 27 of the Arms Act and Sections 3(2v) of SC/ST Act.

Appellant is said to have committed murder of the husband of the informant.

Patna High Court CR. APP (SJ) No.4038 of 2021(3) dt.27-01-2022 2/3 It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. He submits that allegation levelled against the appellant is general and omnibus in nature. He submits that neither the informant nor her brother-in-law are eye witness to the alleged occurrence. He submits that during course of investigation, it could not be ascertained that who had shot fire upon the deceased. He submits that appellant neither killed the deceased nor he was sitting at Dalan of Ranjit Singh where the said occurrence took place. He submits that there is no specific allegation against the appellant to abuse the informant or her family member by taking caste name, therefore no SC/ST Act is made out against him. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal and he is languishing in judicial custody since 09.04.2021.

Learned Spl. PP for the State and informant oppose the prayer for bail and submit that in the postmortem report it appears that death is due to firearm injury.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the appellant, the above named appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with

Patna High Court CR. APP (SJ) No.4038 of 2021(3) dt.27-01-2022 3/3 two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III-cum-Special Judge SC/ST, Patna in connection with Special Case No. 104 of 2021 arising out of Barh P.S. Case No. 142 of 2021. Accordingly, the impugned order is set aside and the appeal is allowed.

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