Patna High Court
Balwanth Singh @ Balwant Singh @ ... vs The State Of Bihar on 16 May, 2019
Author: Arvind Srivastava
Bench: Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1974 of 2019
Arising Out of PS. Case No.-14 Year-2019 Thana- SC/ST District- Gaya
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BALWANTH SINGH @ BALWANT SINGH @ VALABANT SINGH Son of Late
Triveni Singh Resident of Village - Nagariyawan, P.S.- Khizersarai, District
- Gaya.
... ... Appellant/s
Versus
THE STATE OF BIHAR Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Arvind Kumar Singh
For the Respondent/s : Mr.Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL JUDGMENT
Date : 16-05-2019 Heard learned counsel for the parties. This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 02.04.2019 passed by learned Exclusive Special Judge SC/ST, Gaya in connection with Gaya SC/ST P.S. Case No. 14 of 2019 registered under Sections 341, 323, 384, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)(w) of SC/ST (POA) Act, whereby the prayer for pre- arrest bail of the appellants has been rejected.
Learned counsel appearing for the appellant submits that the appellant, who is of clean antecedent, is innocent and has not committed any offence. In fact, the complaint has been lodged after lapse of six months from the date of occurrence, which creates doubt over the prosecution Patna High Court CR. APP (SJ) No.1974 of 2019 dt.16-05-2019 2/2 version. The petitioner has falsely been implicated in this case. Hence, the appellant may be granted the privilege of pre-arrest bail.
Considering the facts and circumstances of the case, let the above named appellant in the event of his surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Patna in connection with Gaya SC/ST P.S. Case No. 14 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Accordingly, this appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J) brajesh/-
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