Manoj Singh @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4303 of 2018 Arising Out of PS. Case No.-599 Year-2017 Thana- RAJAON District- Banka ====================================================== Manoj Singh @ Manoj Kumar Singh, Son of Bindeshwari Prasad Singh, resident of Asmanichak, Police Station - Rajoun, District- Banka. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Praveen Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 01.10.2018 in G.R. No. 3850 of 2017 arising out of Rajoun P.S. Case No. 599 of 2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Banka in connection with the aforesaid case registered under Sections 302, 328, 201/34 of the Indian Penal Code. The FIR was lodged after recovery of the dead body of the son of the informant on suspicion that co-accused Arvind Singh poisoned the victim to death and others disposed of the dead body.

Patna High Court CR. APP (SJ) No.4303 of 2018 dt.11-12-2018 2/2 Considering the nature of allegation and completion of investigation of the case against the appellant who is in custody since 14.09.2018 as well as statement of the appellant on oath that he has got no criminal antecedent, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 11.12.2018 Transmission Date 11.12.2018