Paras Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2079 of 2018 Arising Out of PS.Case No. -182 Year- 2017 Thana -KAUAKOL District- NAWADA ===========================================================

1. Paras Singh Son of Madan Singh resident of Village - Duga Mandap, P.S. - Kawakola, District - Nawada.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Virendra Kumar Roy, Advocate For the Respondent/s : Mr. Sadanand Paswan, S.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-10-2018 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 06.02.2018 in Spl. (H) Case No. 18 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Nawada in connection with Kawakol P.S. Case No. 182 of 2017 registered under Sections 302 and 201/34 of the Indian Penal Code.

This appeal is barred by limitation of 11 days. The delay is explained in I.A. No. 2433 of 2018. Hence, for substantial justice, the delay is condoned. According, I.A. aforesaid stands disposed of.

Patna High Court CR. APP (SJ) No.2079 of 2018 dt.25-10-2018 2/2 The FIR of the occurrence of murder is against unknown. Suspicion is there against the appellant for commission of murder for the reason that the appellant is alleged to be in illicit relation with the wife of the deceased.

Considering the fact that there is no substantial material against the appellant as well as the fact that investigation of the case is already complete, 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/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 26.10.2018 Transmission Date 26.10.2018