Patna High CourtCR. APP (SJ)/5730/2019allowed

Sudhir Singh v. The State Of Bihar

2020-02-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5730 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- PATAHI District- East Champaran ====================================================== SUDHIR SINGH Son of Late Vishwanath Singh Resident of VillageGobindbara, P.S.- Phenhara, District- East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma, Advocate.

For the Respondent/s :

Mr.Binay Krishna, Spl.PP.

====================================================== 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 vide order dated 09.12.2019 passed by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), East Champaran at Motihari in Patahi P.S. Case No. 175 of 2019 registered under Sections 302, 394 and 120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v)(r)(s)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Ward members of Parsauni Panchayat are suspected to have committed murder of the father of the informant. Submission is that only material is suspicion.

Patna High Court CR. APP (SJ) No.5730 of 2019(3) dt.04-02-2020 2/2 Appellant has no criminal antecedent and is in custody since 24.09.2019. Investigation of the case is already complete. Considering the aforesaid facts, let the appellant, above named, be released on bail, on furnishing bail bonds 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 following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) mantreshwar/- U T