Chhote Murari Singh @ Chhotu Singh @ Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1220 of 2018 Arising Out of PS.Case No. -219 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ===========================================================

1. Chhote Murari Singh @ Chhotu Singh @ Chhote Singh S/o Suresh Singh, R/o Village- Khaira, P.S.- Bahadurpur, District- Darbhanga. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Girish Chandra Jha, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-04-2018 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 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Darbhanga, in connection with Sadar Police Station Case No.219 of 2016 (SC/ST Case No.490 of 2017) registered under Sections 302 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR for land dispute, the FIR named persons are suspected to have committed murder of the son of the informant. The informant is not an eye witness of the occurrence and appellant is not named in the FIR. Appellant is in custody since 22.02.2018. Appellant was abruptly remanded

Patna High Court CR. APP (SJ) No.1220 of 2018 dt.30-04-2018 in this case and thereafter his confessional statement has been recorded by the police. Co-accused-Jai Govind Chaudhary @ Sonu Chaudhary @ Sonu Jha has already been allowed anticipatory bail by this Court in Cr.Appeal (SJ) No.37 of 2018. 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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date01.05.2018 Transmission Date 01.05.2018