Patna High CourtCR. APP (SJ)/3257/2018allowed

Tripurari Singh v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3257 of 2018 Arising Out of PS.Case No. -100 Year- 2016 Thana -PAKARIBARAW District- NAWADA ===========================================================

1. Tripurari Singh S/o Jawahar Singh, R/o Vill.- Pijari, P.S.- Barbigha, DistrictShekhpura. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 vide order dated 10.07.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Nawada, in Special (H) 5A of 2017, arising out of Pakaribrawan Police Station Case No.100 of 2016, registered under Sections 302/379/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is not named in the FIR of the occurrence of murder. His name surfaced in the confessional

Patna High Court CR. APP (SJ) No.3257 of 2018 dt.24-09-2018 P2/ statement of co-accused. Appellant is in custody since 13.06.2018. Investigation against the appellant is closed. Considering the aforesaid fact, 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 Date27.09.2018 Transmission Date 27.09.2018