Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3736 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Rajesh Kumar Singh, Son of Jay Ganesh Singh Resident of Village - Kumharar, P.S.- Phenhara, Distt - East Champaran. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Abhishek Kumar @ Sonu Babu, Adv.

For the Respondent/s :

Mr. Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-11-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 01.08.2019 passed by learned 1stAdditional Sessions Judge cum Special Judge SC/ST (POA) Act, East Champaran at Motihari in connection with Patahi P.S. Case No. 175 of 2019 registered under Sections 302, 394 & 120-B of the Indian Penal Code and Section 3(2) (v) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.3736 of 2019(4) dt.04-11-2019 2/3 Atrocities) Act.

Father of the informant is said to have been gunned down by some motorcycle borne criminals in course of regressing to the house.

It is submitted by learned counsel for the appellant has no concern with the aforesaid occurrence. There is no cogent material on record indicating complicity of the appellant in the occurrence barring the confessional statement of co-accused Anil Kumar before the police which has no evidentiary value in the eye of law. Moreover, as per said confessional the appellant does not happen to be assailant rather merely tracked the location of the deceased. Appellant has no criminal antecedent and has been languishing in custody since 13.06.2019.

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 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge cum Special Judge SC/ST (POA) Act, East Champaran at Motihari in

Patna High Court CR. APP (SJ) No.3736 of 2019(4) dt.04-11-2019 3/3 connection with Patahi P.S. Case No. 175 of 2019. Accordingly, the impugned order is set aside and this appeal is allowed.

(Prakash Chandra Jaiswal, J) Trivedi/- U T