Karu Singh @ Karu Ajitkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1148 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -FATEHPUR District- GAYA ===========================================================

1. Karu Singh @ Karu Ajitkar S/o Pramod Singh, R/o Vill.- Barhgaon, P.S.- Fatehpur, District- Gaya. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Manish Kumar No.-2, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-04-2018 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 Exclusive Special Judge (S.C./S.T. Act), Gaya, in connection with Fatehpur Police Station Case No.214 of 2017 registered under Sections 147,148,149,341,342,323,386,307 and 436 of the Indian Penal Code, Section 27 of the Arms Act, Section 3 of the Explosive Substance Act and Section 3(i)(r)(s)(x)(a)/3(2)(iii)(iv)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is no specific allegation against the appellant rather the allegation is general and omnibus of nonpayment of the cost of food provided by the informant as well as commission of arson in the shop of the informant.

Patna High Court CR. APP (SJ) No.1148 of 2018 dt.27-04-2018 Learned counsel for the appellant submits that the appellant is in custody since 14.12.2017. Investigation of the case is already complete and considering the general and omnibus nature of allegation, co-accused-Rakesh Kumar has already been allowed bail by this Court in Cr.Appeal (SJ) No.3346 of 2017.

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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date30.04.2018 Transmission Date 30.04.2018