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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4785 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- BEUR District- Patna ====================================================== 1.

SANJAY KUMAR @ SANJAY KUMAR SINGH @ SANJAY SINGH Son of Sri Satrughan Prasad Singh Resident of Village - Chilbilli, P.S.- Beur, Distt.- Patna.

2.

Shashi Kant Singh Son of Satrughan Prasad Singh Resident of Village - Chilbilli, P.S.- Beur, Distt.- Patna.

3.

Satrughan Prasad Singh Son of Late Yugal Kishore Singh Resident of Village - Chilbilli, P.S.- Beur, Distt.- Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjeet Tiwary For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 This appeal has been filed against the order dated 05.09.2019 passed by the learned Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Patna, in connection with Special Case No. 326 of 2019 arising out of Beur P. S. Case No. 239 of 2019, disclosing offences under Sections 341, 323, 354, 504, 506, 34 of the Indian Penal Code and Section 3(i)(r)(s)/3(2) va of the SC/ST Act. Appellants are named in the F.I.R. There is allegation against the appellant no.1 that he thrashed the informant on the ground and abused him.

Submission of the learned counsel for the appellants is

Patna High Court CR. APP (SJ) No.4785 of 2019(3) dt.06-01-2020 2/2 that so far appellants no.2 and 3 are concerned, there is no specific allegation either of abuse or of thrashing on the ground So far appellant no.1 is concerned, there is no mentioning of the alleged abuse in the F.I.R or there is no mentioning that the same has been done in public view.

Heard learned Special P.P. also.

Having heard both sides, considering the above submissions, made above, this appeal is allowed. The impugned order dated 05.09.2019 passed by the learned Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Patna, is set aside. Let the appellants, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Patna in connection with Special Case No. 326 of 2019 arising out of Beur P. S. Case No. 239 of 2019.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T