Rajnarain Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2212 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD ===========================================================

1. Rajnarain Singh, S/o Shyamlal Singh, resident of Village- Majhiyawa, P.S.- Obra, District- Aurangabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Rakesh Singh, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-07-2018 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 order dated 07.06.2018 by the learned Special Judge (S.C./S.T. Act), Aurangabad, in connection with Obra Police Station Case No.114 of 2018 registered under Sections 307, 353, 341, 323, 324, 325, 420, 504, 34 of the Indian Penal Code and Section 3(i)(r),3(1)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 4, 40 of Bihar Minor Mineral Concession Rule.

Allegation against the appellant is of commission of murderous assault against the constable. The appellant also

Patna High Court CR. APP (SJ) No.2212 of 2018 dt.02-07-2018 2/2 sustained injury in the occurrence. The occurrence took place for dispute, relating to showing the challan etc of the sand, which the vehicle of the appellant was carrying. Appellant has got no criminal antecedent and he is in custody since 26.05.2018.

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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.07.2018 Transmission Date 03.07.2018