Monu Khan @ Ejaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.276 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Monu Khan @ Ejaj Khan Son of Chando Khan @ Md. Nasrullah Khan Resident of village - Jhikatiya, P.S.- Rafiganj, District - Aurangabad. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Bali Paswan Son of Late Raghu Paswan Resident of village - Charkawan, P.S.- Rafiganj, District - Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Santosh Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 22.11.2023 passed by learned Ist Additional District and Sessions Judge, Aurangabad whereby the prayer for bail of the appellant in connection with Rafiganj P.S. Case no. 397 of 2023 under Sections 147, 148, 149, 427, 504, 506 of the Indian Penal Code and sections 3(i) (r)(s), 2(va) of SC/ST Act and Section 27 of the Arms Act was rejected.

3. Allegation against the appellant is that he along with others came at the house of the informant and due to land

Patna High Court CR. APP (SJ) No.276 of 2024(2) dt.01-02-2024 2/3 dispute they started abusing and assaulting the informant and his family members.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to previous land dispute and being member of the mob. The petitioner has no concern with the alleged occurrence and there is no specific allegation levelled against him. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. It is further submitted that the appellant is languishing in judicial custody since 23.09.2023.

5. The appeal for bail is opposed by learned Spl. P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 22.11.2023 is hereby set aside. 7.The appellant is directed to be enlarged on bail in connection with Rafiganj P.S. Case no. 397 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.276 of 2024(2) dt.01-02-2024 3/3 the learned Ist Additional District and Sessions Judge, Aurangabad.

(Sunil Kumar Panwar, J) manishkumar/- U T