Single judge allowed criminal appeal against bail refusal. The court set aside the lower court's order and directed the releasement of the appellant on bail with bonds and sureties, noting the co-accused was already on bail.
Released on bail by furnishing bonds of Rs. 10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5103 of 2019
Arising Out of PS. Case No.-81 Year-2019 Thana- MATIHANI District- Begusarai
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Golu Singh @ Golu Kumar Son of Ram Sharan Singh @ Pahalwan Resident of Village - Ward No. 8, Ramdiri (Mahaji), Tola Pahadi, P.S.- Matihani, District- Begusarai
... ... Appellant
Versus
The State of Bihar ... ... Respondent ====================================================== Appearance : For the Appellant : Mr. Pritish Kumar Lal, Adv. For the Respondent : M/s. Usha Kumari 1, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
3 02-06-2020 Heard learned counsel Shri Pritish Kumar Lal, appearing for the appellant Golu Singh @ Golu Kumar and learned Special Public Prosecutor Usha Kumari, appearing for the State through video conferencing and perused the record.
At the very outset, learned counsel of the appellant points out that all the defects, as pointed out by the office, have already been removed by filing supplementary affidavit.
This appeal has been preferred against the impugned order dated 01.10.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Begusarai in Matihani P.S. Case No. 81 of 2019 by which and whereunder the learned Special Judge refused to enlarge the appellant on bail taking note of the materials available on the case diary.
Patna High Court CR. APP (SJ) No.5103 of 2019(3) dt.02-06-2020 2/2
Perusal of impugned order goes to show that except the confessional statement of co-accused Avinash Kumar, there was nothing before the learned Special Judge to form an opinion about the involvement of the appellant in the alleged crime. However, learned counsel of the appellant informs that coaccused Avinash Kumar has already been admitted on bail by a co-ordinate Bench of this court vide order dated 24.02.2020 passed in Cr. Appeal (SJ) No. 4995 of 2019.
In view of the aforesaid facts and circumstances as well as submissions of the parties, this appeal is allowed and impugned order dated 01.10.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Begusarai is, hereby, set aside. Accordingly, appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (Prevention of Atrocities) Act, Begusarai in connection with Matihani P.S. Case No. 81 of 2019.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
1 issue framed by the court
Whether the impugned order refusing to enlarge the appellant on bail should be set aside and bail granted.
1 provisions across 1 enactments
Golu Singh @ Golu Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
