Patna High CourtCR. APP (SJ)/5500/2019bail granted

Kare Singh v. The State Of Bihar

2019-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5500 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Kare Singh Son of Birendra Singh @ Vijendra Singh Resident of VillageMohanpur (Thuthi), P.S.- Chautham, District- Khagaria. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Viveka Nand Singh, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2019 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 vide order dated 24.09.2019 passed by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Khagaria, in connection with Chautham Police Station Case No.155 of 2019, registered under Sections 341/504/307 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he caused injury with fire-arm below the right leg of the informant. The

Patna High Court CR. APP (SJ) No.5500 of 2019 dt.13-12-2019 2/2 appellant is in custody since 31.08.2019. Investigation of the case is already complete. There is no allegation of tampering of evidence.

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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.12.2019 Transmission Date 16.12.2019