Raju Singh @ Raju Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3035 of 2019 Arising Out of PS. Case No.-61 Year-2017 Thana- TARAIYA District- Saran ====================================================== RAJU SINGH @ RAJU KUMAR SINGH Son of Late Vijay Singh Resident of Village - Dumari Chhapiya, P.S.- Taraiya, Distt - Saran at Chapra. ... ... Appellant
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Narendra Kumar For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 27.04.2019 passed by learned 1st Addl. Sessions Judge, Saran at Chapra in Taraiya P.S. Case No. 61 of 2017 registered under Sections 341, 323, 392/34 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Section 3(I)(X) of the SC/ST Act.
Around ten accused persons including the appellant is
Patna High Court CR. APP (SJ) No.3035 of 2019(2) dt.26-07-2019 2/3 said to have slated the informant in the name of his caste and assaulted him and snatched Rs.3000/- from his pocket. Coaccused Vikash Singh also assaulted him by means of butt of the pistol.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to animosity. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent. Similarly situated co-accused namely Mintu Kumar Singh, Rajesh Kumar Singh and Nagendra Singh have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.01.2019 passed in Cr.Appeal (SJ) No. 3709 of 2018.
Learned Spl. PP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions
Patna High Court CR. APP (SJ) No.3035 of 2019(2) dt.26-07-2019 3/3 Judge, Saran at Chapra in connection with Taraiya P.S. Case No. 61 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T