Kunal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3303 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== KUNAL KUMAR SINGH S/o- Krityanand Singh, Resident of villageBagdov, P.S.- Nayagaon, Dist.- Begusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shubhesh Pandey For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-10-2019 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 bail vide order dated 10.07.2019 passed by learned Special Judge, SC/ST (POA) Act, Begusarai in Matihani P.S. Case No. 94 of 2019 registered under Sections 323, 353, 504 and 506 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST Act.
Appellant arriving at the office of the informant created hindrance in discharging official duty by him using objectionable language for submitting the enquiry report on Letter No. 453 dated 04.05.2019 and Letter No. 701 dated 09.05.2019 in his favour. He also extended threatening of his
Patna High Court CR. APP (SJ) No.3303 of 2019(5) dt.22-10-2019 2/3 false implication in the rape case and while the informant was proceeding to P.S. to lodge the case, he also slated him in the name of his caste.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. As a matter of fact, appellant has made complaint to the District Magistrate and other higher authorities against the informant regarding irregularities committed by him in dealing with the land matters and being peeved with the same informant has lodged this false and frivolous case against the appellant. There is inordinate and abnormal delay of 1 month in lodging the F.I.R. without assigning any plausible explanation for the aforesaid delay. Appellant has been languishing in custody since 04.07.2019.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, Begusarai in connection with Matihani P.S. Case No. 94 of 2019.
Patna High Court CR. APP (SJ) No.3303 of 2019(5) dt.22-10-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T