Jamuna Singh @ Yamuna Singh Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr.Girish Chandra Jha For the Respondent/s : Mr.Sadanand Paswan For the Informant : Mr.Ramakant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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5 21-09-2024

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Heard learned counsel for the appellant as well as learned counsel for the informant.

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This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 27.05.2024 passed by the learned Special Judge, SC/ST, Gaya in connection with SC/ST P.S. Case No. 03 of 2024, registered for the offences punishable under Sections 341, 323, 420, 467, 471, 504, 506, 120(B) of the Indian Penal Code & Section 3(I)(r)(s) 3(i)(w) 3(2) (va) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant

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Patna High Court CR. APP (SJ) No.2756 of 2024(5) dt.21-09-2024 2/3

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has been rejected.

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As per allegation, the appellant and his associates executed a sale agreement of land in favour of the informant, pertaining to Khata No. 28, on the basis of fake Aadhar card and thus cheated him Rs. 38,50,000/-. The further allegation against him is that when the informant asked him to get the land in question registered, he along with his associates abused him by calling his caste name and threatened the informant for dire consequences.

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The learned counsel for the appellant has submitted that the appellant is innocent and has falsely been implicated in this case. He is neither vendor nor vendee of the land in question and he is not the attesting witness. He is not related to the transaction in any matter and he has falsely been implicated merely because he is full brother of the main accused.

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On the other hand, Mr. Ramakant Sharma, the learned senior counsel for the informant has opposed the prayer for bail and submitted that the appellant is full brother of main accused and he also assisted the main accused in commission of the alleged occurrence.

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Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order

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Patna High Court CR. APP (SJ) No.2756 of 2024(5) dt.21-09-2024 3/3

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dated 27.05.2024 passed by the learned Special Judge, SC/ST, Gaya is set aside.

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Accordingly, the appellant above-named, shall 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 Special Judge, SC/ST, Gaya in connection with SC/ST P.S. Case No. 03 of 2024 with the following condition:-

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(i) Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except the case mentioned in paragraph no. 3 of the bail petition, his bail bond shall not be accepted.

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(Nawneet Kumar Pandey, J)

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kundan/-

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U T

Jamuna Singh @ Yamuna Singh v. The State of Bihar

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Jamuna Singh @ Yamuna Singh v. The State of Bihar

Case brief

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