Patna High Court - Orders
Sushil Kumar Singh @ Sushil Singh vs The State Of Bihar on 13 August, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2406 of 2021
Arising Out of PS. Case No.-207 Year-2020 Thana- MUFFASIL District- Aurangabad
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SUSHIL KUMAR SINGH @ SUSHIL SINGH Son of Late Ramji Singh
Resident of Village- Manjurahi, P.S.- Aurangabad (Mufassil), District-
Aurangabad.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Bhanu Pratap Singh- Advocate
For the Respondent/s : Mr. Sadanand Paswan- S.P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 13-08-2021Heard Mr. Bhanu Pratap Singh, the learned Advocate for the appellant and Mr. Sadanand Paswan, the learned Special Public Prosecutor for the State.
The appellant has challenged the order dated 22.12.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Aurangabad in connection with Aurangabad (Mufassil) P. S. Case No.207 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s)/ 3(2)(VA)/ 3(2)(V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.2406 of 2021(2) dt.13-08-2021 2/3 The appellant and 29 others are alleged to have assaulted the informant and others. The cause of occurrence as stated in the F.I.R. is that the informant and his associates had not voted for the BJP party in the last elections.
The learned Advocate for the appellant has submitted that there is counter-version of the occurrence also which has been lodged earlier to the subject F.I.R. by one Manish Kumar Singh against the informant and others. In the aforesaid case, one Munni Singh is said to have sustained grievous injury. The cause of occurrence and the reason for filing the subject F.I.R., according to the learned Advocate for the appellant, is the attempt of the informant and others to encroach upon the land of some of the appellants.
Mr. Singh, the learned Advocate for the appellant has stated that he has no idea about the nature of injury suffered by the victim of this case.
Call for the legible carbon/photo copy of the case diary along with injury report of Aurangabad (Mufassil) P. S. Case No.207 of 2020 from the Court of learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), Aurangabad.
List this case on receipt of the same on 29.09.2021. Since the appellant along with 29 others are said Patna High Court CR. APP (SJ) No.2406 of 2021(2) dt.13-08-2021 3/3 to have assaulted the members of the prosecution party without there being any specific accusation against any one of them, much less the appellant, he, on his surrendering before the learned Court below, is directed to be released on provisional bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Aurangabad in connection with Aurangabad (Mufassil) P. S. Case No.207 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) vikash/-
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