Chhote Singh @ Rajesh Kumar Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4733 of 2023 Arising Out of PS. Case No.-113 Year-2020 Thana- ASHTHAWAN District- Nalanda ====================================================== CHHOTE SINGH @ RAJESH KUMAR SINGH @ RAJESH KUMAR S/O SUNIL SINGH R/O VILLAGE- DUMRAWAN, P.S- ASHTHAWAN, DISTT.- NALANDA.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

ARTI KUMARI D/O LATE DHURI PASWAN R/O VILLAGEKHAJELOHAR BIGHA, P.S- AHTHAWAN, DISTT.- NALANDA. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binay Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari-1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. In spite of valid service of notice, none appeared on behalf of the informant.

3. 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 19.09.2023 passed by learned 6thAdditional Sessions Judge cum Special Judge (SC/ST Act), Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 113 of 2020 registered under Sections 341 and 302 of the Indian Penal Code and

Patna High Court CR. APP (SJ) No.4733 of 2023(6) dt.30-08-2024 2/3 Section 3(1) (2) (v) of the SC/ST Act.

4. The allegation against the appellant that he has committed the murder of mother of the informant.

5. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to dirty village politics. It is further submitted that there is no eyewitness in this case rather the appellant has been roped in this case merely on suspicion. Appellant has been languishing in custody since 30.09.2023

6. Learned Spl. PP for the State opposed the prayer for bail.

7. 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 6thAddl. Sessions Judge cum Special Judge (SC/ST Act), Nalanda at Biharsharif in connection with Asthawan P.S. Case No.113 of 2020, subject to condition that (i) The appellant shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his

Patna High Court CR. APP (SJ) No.4733 of 2023(6) dt.30-08-2024 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(ii) The appellant shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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

(Anjani Kumar Sharan, J) Trivedi/- U T