Loli Singh @ Raju Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.740 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- BIKRAM District- Patna ====================================================== Loli Singh @ Raju Ranjan Son Of Niranjan Singh @ Niraj Kumar @ Niraj Singh Resident Of Village- Shivgarh, P.S.- Bikram, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lalmani Devi Wife of Upendra Manjhi Resident of Village- Shivgarh, P.S.- Bikram, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rakesh Kumar Sharma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 05.01.2023 passed by learned Exclusive Special Court (SC/ST Act), Patna in connection with Special Case No. 163 of 2022 arising out of Bikram P.S. Case No. 135 of 2022 instituted for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 3(i)(r)/3(2)(va) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

Patna High Court CR. APP (SJ) No.740 of 2023(2) dt.13-04-2023 2/3 The allegation against the appellant and others is that they assaulted the informant's side by means of several weapons and also abused them by calling their caste name.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case due to dirty village politics. There is no specific allegation against the appellant and allegations are general and omnibus. It is also submitted that good sense has prevailed between the parties and both sides have compromised the issue, a photocopy of the compromise petition is annexed as Annexure-4 to the appeal. Moreover, the other co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 08.02.2023 in Cr. App. No. 2623 of 2022. The appellant is in custody since 19.10.2022. A statement has been made in para 3 of the appeal that appellant has clean antecedent.

Learned Special P.P appearing on behalf of the

Patna High Court CR. APP (SJ) No.740 of 2023(2) dt.13-04-2023 3/3 State has vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 05.01.2023 passed by learned Exclusive Special Court (SC/ST Act), Patna in connection with Special Case No. 163 of 2022 arising out of Bikram P.S. Case No. 135 of 2022.

Accordingly, this appeal is allowed.

The 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 Exclusive Special Court (SC/ST Act), Patna in connection with Special Case No. 163 of 2022 arising out of Bikram P.S. Case No. 135 of 2022.

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