Kunal Kumar @ Kunal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1084 of 2021 Arising Out of PS. Case No.-289 Year-2015 Thana- DANAPUR District- Patna ====================================================== KUNAL KUMAR @ KUNAL KISHORE S/o Pramod Singh @ Pramod Kumar Resident of Pipa Pul Pethiya Bazar Danapur, P.S.- Danapur, Distt.- Patna ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Hemant Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-07-2022 Heard learned counsel for the appellant.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 08.12.2020, passed by the learned A.D.J.III-cum-Special Judge (SC/ST Act), Patna, registered for the offences punishable under Sections 386, 307, 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(ii)(v) of the SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.1084 of 2021(3) dt.07-07-2022 2/3 As per allegation, the appellant and other accused persons demanded ransom from the informant. Co-accused Rahul Kumar and Shubham Kumar fired shot on the informant. When the father of the informant came to rescue him, the present appellant and co-accused Nunu fired on him. Learned counsel for the appellant has submitted that he is innocent and has falsely been implicated. There is allegation against co-accused Rahu kumar and Shubham Kumar who opened fire on the informant, but abrasions are found on the person of Kundan Choudhary, which falsifies the allegation. There is no injury report of father of the informant. As such, the allegation against the appellant that he opened fire on the person of father of the informant is false. He has submitted further that when the informant realized the fact, he compromised the case. The learned counsel for the informant has also submitted that when the informant realized the real fact, he compromised the case.

Considering the above facts and circumstances, the provisions of SC/ST Act are not attracted prima facie in this case. Accordingly the appeal is allowed and the impugned order dated dated 08.12.2020, passed by the learned A.D.J.III-cumSpecial Judge (SC/ST Act), Patna is set aside.

Patna High Court CR. APP (SJ) No.1084 of 2021(3) dt.07-07-2022 3/3 Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.III-cum-Special Judge (SC/ST Act), Patna, in connection with Danapur P.S.Case No. 289 of 2015.

Office shall ensure that all the defects are removed by the appellant within the stipulated time hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) HR/- U T