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Patna High CourtCR. APP (SJ)/2055/2018allowed

Parduman Singh v. The State Of Bihar

2018-07-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2055 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA ===========================================================

1. Parduman Singh Son of Arvind Singh, Resident of Village- Baikathpur, Police Station- Khushrupur in the District of Patna. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raj Kumar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-07-2018 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 "S.C/S.T Act") against the refusal of prayer for regular bail by order dated 22.05.2018 by the learned Special Judge, S.C/S.T Act-cumAddl. Sessions Judge-V, Patna in Special Case No.57 of 2018, arising out of Khushrupur P.S. Case No.20 of 2018 registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and Sections 3(i)(r), 3(2)(V) of the S.C./S.T. Act.

The allegation of commission of firearm injury is against co-accused Bholu Singh. Further allegation is that the

Patna High Court CR. APP (SJ) No.2055 of 2018 dt.02-07-2018 2/2 appellant and others were also there along with Bholu Singh. No overt act is alleged against the appellant and he is in custody since 13.02.2018.

Considering the aforesaid facts, 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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.07.2018 Transmission Date 03.07.2018