Arvind Singh @ Arvind Kumar Singh @ Arbind Singh @ Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1057 of 2018 Arising Out of PS.Case No. -72 Year- 2017 Thana -TANDWA District- AURANGABAD ===========================================================

1. Arvind Singh @ Arvind Kumar Singh @ Arbind Singh @ Arbind Kumar Singh S/o Late Dwarika Singh, R/o Village- Sudhna, P.S.- Tandwa, DistrictAurangabad. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Bhaskar Shankar, Advocate For the Respondent/s : Smt. Usha Kumari No.I, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Aurangabad, in connection with Tandwa Police Station Case No.72 of 2017 registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The father of the informant has gone along with five persons named in the FIR including the appellant. Thereafter, his dead body was found in a well. There is no eyewitness of the

Patna High Court CR. APP (SJ) No.1057 of 2018 dt.11-05-2018 P2/ occurrence. The post mortem report would reveal that the doctor on external examination found protruded tongue, blood coming from both ears and finally opined that the death was due to burn injury on the body and cardiac arrest.

Submission is that very weak circumstantial evidence is there against the appellant and other named persons. Appellant has got no criminal antecedent. He is in custody since 31.01.2018. Investigation of the case is already complete. Considering the aforesaid fact, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with 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, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./Sanjeev AFR/NAFR CAV DATE NA Uploading Date Transmission Date