Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.31 of 2018 Arising Out of PS.Case No. -240 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Santosh Singh S/o Bindeshwari Singh Resident of Village-Haraj Narullahpur, P.S.-Sikarganj, District-East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ajay Kumar Singh, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Chiraiya P.S.Case No. 240 of 2015 registered under Sections 450,452,364,302,201 of the Indian Penal Code and 27 of Arms Act as well as under Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes Act. Appellant is not named in the FIR rather the members of Azad Hind Fauj are accused.

During investigation, a spy reported to the police that the appellant is a member of Azad Hind Fauj.

Patna High Court CR. APP (SJ) No.31 of 2018 (3) dt.22-03-2018 Considering the aforesaid material, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T