Patna High CourtCR. APP (SJ)/1911/2018allowed

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

2018-05-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1911 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -IMAMGANJ District- GAYA =========================================================== Pappu Kumar Singh @ Pappu Singh S/o. Madheshwar Kumar Singh @ Maheshwar Singh, R/o. Village- Naukhap, P.S. Imamganj, District- Gaya .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shashank Shekhar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 29-05-2018 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 against the refusal of prayer for bail by the learned Exclusive Special Judge (S.C./S.T. Act), Gaya, in connection with Imamganj Police Station Case No.198 of 2017 registered under Section 364 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Subsequently, offence under Sections 302/201/120B/34 of the Indian Penal Code was added.

The appellant is in suspicion to have committed murder of Subodh Paswan for the reason that Subodh Paswan had married with the widow Bhabhi of this appellant.

Patna High Court CR. APP (SJ) No.1911 of 2018 dt.29-05-2018 P2/ Submission of the learned counsel for the appellant is that there is no eyewitness of the occurrence. The appellant is in custody since 20.11.2017.

Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with 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.

Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date30-05-2018 Transmission Date 30-05-2018