Ashok Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2528 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Ashok Singh son of Isbi Singh,

2. Isbi Singh son of late Ram Swaroop Singh, Both are resident of village-Darmaha, Tola Kasba, P.S. Keshariya, District- East Champaran.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Virendra Kuar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 04.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in connection with Keshariya Police Station Case No.1 of 2018, registered under Sections 147/149/341/323/324/307/354/379/448/504/506 of the Indian Penal Code and Section 3(i)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that appellant Isbi Singh has already died in jail custody and his elder son Ashok Singh is in jail.

Patna High Court CR. APP (SJ) No.2528 of 2018 dt.17-07-2018 P2/ Allegation is of commission of injury at the head of the informant. However, the doctor has found simple injury. Considering the entire facts, let appellant Ashok Singh 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 Date17.07.2018 Transmission Date 17.07.2018