Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5382 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== MUNNA SINGH Son of Chano Singh @ Chano @ Chandeshwar Pd. Singh @ Chandrashekhar Singh Resident of Village-Manopur, P.S.-Bhaganwapur, District-Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ram Sumiran Rai, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-02-2020 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 order dated 21.11.2019 in Bhagwanpur P.S.Case No.197 of 2019 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, registered under Sections 341,323,307 and 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(r)&(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that due to previous enmity, false FIR has been lodged.

The FIR reveals that the appellant fired at the informant,

Patna High Court CR. APP (SJ) No.5382 of 2019(3) dt.04-02-2020 2/2 however, no injury was caused. Appellant is in custody since 04.11.2019. Investigation of the case is already complete. Hence, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the 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/- U T