Patna High Court
Sunil Singh @ Sunil Kumar Singh vs The State Of Bihar on 21 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1304 of 2021
Arising Out of PS. Case No.-27 Year-2020 Thana- SC/ST District- Saran
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SUNIL SINGH @ SUNIL KUMAR SINGH Son of Gopal Singh Resident of
Village- Kakrahat, P.S.- Derni, District- Saran at Chapra.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : M/s Narendra Kr, Rakesh Kr Jha, Advocates
For the S t a t e : Mr Sadanand Paswan, Special PP
For the I n f o r m a n t : Mr Tej Pratap Singh, Advocate
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 21-06-2021
This case has been listed today for consideration through
Video Conferencing.
2 Heard learned counsel for the appellant, learned
counsel for the complainant and the learned Special PP for the
State.
3 The appellant has preferred the present Appeal
under Section 14 - A of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act (for brevity, SC/ST Act),
1989 against the refusal of his prayer for regular bail vide
order dated 27.11.2020 passed by Additional Sessions Judge I
-cum- Special Judge, SC/ST Act, Saran at Chapra in a case
registered under Sections 341, 323, 386 of Indian Penal Code
and Sections 3 (I) (r) (s) of SC/ST Act in connection with
SC/ST Police Station (for brevity, PS) Case No 27 of 2020.
Patna High Court CR. APP (SJ) No.1304 of 2021 dt.21-06-2021
4 Allegation in the complaint petition is that the
complainant, who is a Public Distribution System (for brevity,
PDS) dealer and member of SC, has been accosted and
surrounded while he was on his way. The appellant abused
him taking his caste name and demanded ransom money on a
knife point.
5 Appellant's counsel submits that it is a case of
implication based on extraneous considerations. The appellant
is in fact a social worker. He has written to the authorities
regarding various irregularities in the PDS, copy of such
application is Annexure 2 to the Memo of Appeal and is of
August, 2018. Based on the said application, enquiry has also
been conducted by the authorities and reference to such
enquiries has come in the course of investigation. On going
through Paragraph 50 of case diary, this Court would find that
enquiry was made on the complaint made by the appellant on
03.12.2019.
6 Appellant is stated to be accused in three more
cases, as per details in paragraph 3 of the Memo of Appeal.
He is on bail in all the three cases. In the instant case, he is in
custody since 15.10.2020.
7 Learned Special PP as well as learned counsel for
the complainant have opposed the prayer for bail.
8 In my opinion, in view of nature of accusation in
the complaint petition, and submission of parties, a case for
grant of regular bail is made out. The impugned order dated
27.11.2020 requires interference by this Court, which is,
accordingly, set aside.
9 This appeal is allowed. The impugned order
dated 27.01.2020 passed by Additional Sessions Judge I -cum-
Patna High Court CR. APP (SJ) No.1304 of 2021 dt.21-06-2021
Special Judge, SC/ST Act, Saran at Chapra in connection with
SC/ST PS Case No 27 of 2020 is set aside.
10 Let the appellant above named be released on
bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge I -cum- Special
Judge, SC/ST Act, Saran at Chapra in SC/ST PS Case No 27 of
2020 subject to the following conditions:
(1) That one of the bailors will be a close relative of
the appellants who will give an affidavit giving genealogy as
to how he is related with the appellant. The bailor will also
undertake to inform the Court if there is any change in the
address of the appellant.
(2) That the appellant will be well represented on each
date and if he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.06.2021
Transmission Date 22.06.2021
