Allowed

Munchun Singh v. The State of Bihar

Patna HC17 Dec 2020CR. APP (SJ)/1212/2020

Case brief

AI extract

What is this about?

The Patna High Court considered an appeal against the rejection of bail in a case involvingcaste-related offences under the SC/ST (Prevention of Atrocities) Act and the IPC. The appellant alleged false implication and injury fabrication. The court examined the prosecution case and medical report before allowing the appeal and directing the release of the appellant on regular bail.

What did the court decide?

The impugned order refusing bail was set aside; the appellant was directed to be released on regular bail by furnishing a bond of Rs. 10,000 with two sureties.

Munchun Singh Vs The State of Bihar — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1212 of 2020

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Arising Out of PS. Case No.-55 Year-2017 Thana- JAYRAMPUR District- Sheikhpura

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======================================================

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MUNCHUN SINGH Son of Late Mahendra Singh @ Mahendra Singh Resident of Village- Narsinghpure, P.S.- Jayrampur, District- Sheikhpura.

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... ... Appellant/s

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Versus

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The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Bipin Kumar, Advocate For the Respondent/s : Mrs.Usha Kumari 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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4 17-12-2020

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The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

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Heard the learned counsel appearing for the appellant and Mrs. Usha Kumari, learned Special P.P. for the State.

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This is an appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the order dated 20.02.2020 passed by the learned 1^st Additional District & Sessions Judge, Sheikhpura in Bail Petition No. 122 of 2020 arising out of Jairampur P.S. Case No. 55 of 2017 registered under Sections 341, 324, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 3(2) (Va) 3(R) (S) of the Scheduled Caste and Scheduled Tribe (Prevention of

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Patna High Court CR. APP (SJ) No.1212 of 2020(4) dt.17-12-2020 2/3

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Atrocities) Act, 1989, whereby and whereunder the prayer of the appellant for grant of bail has been refused.

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The case of the prosecution in brief is that while the informant was sitting at the Bathan (open space) of his house, the petitioner had arrived there whereafter he had abused him by taking his caste name and then he had fired with his pistol on his head resulting in the informant being injured.

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The learned counsel for the appellant has submitted that the appellant is innocent, has been falsely implicated in the present case, is having clean antecedent and he is languishing in custody since 21.01.2020. The learned counsel for the appellant has further submitted that a general and omnibus allegation has been leveled and in fact the injury report would bear it out that no gun shot injury has been found on the person of the informant and the nature of injury has been stated by the doctor to be simple in nature caused by hard blunt substance, hence it is submitted that the informant has concocted a false story only with the motive of falsely implicating the appellant.

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Per contra, the learned Special P.P. for the State has vehemently opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, considering the submissions and taking into account the

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Patna High Court CR. APP (SJ) No.1212 of 2020(4) dt.17-12-2020 3/3

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materials available on record as also those available in the case dairy, including the injury report of the informant, I deem it fit and proper to direct for release of the appellant herein on regular bail.

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Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Additional District and Sessions Judge, Sheikhpura in connection with SC/ST Case No. 333 of 2017 arising out of Jairampur P.S. Case No. 55 of 2017.

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Consequently the impugned order dated 20.02.2020 passed by the learned 1^st Additional District & Sessions Judge, Sheikhpura in Bail Petition No. 122 of 2020 arising out of Jairampur P.S. Case No. 55 of 2017 is set aside.

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The Appeal stands allowed.

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(Mohit Kumar Shah, J)

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S.Sb/-

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U T

Munchun Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munchun Singh v. The State of Bihar

Case brief

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