Banty Kumar @ Banty Singh @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1067 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHAR District- Bhojpur ====================================================== BANTY KUMAR @ BANTY SINGH @ PANKAJ KUMAR Son of Akhilesh Singh Resident of Mohalla - Ekwari, P.S.- Sahar, District - Bhojpur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mahangu Ram Pan Kuwar Ram R/o Village-Ekwari, P.S.-sahar, DistrictBhojpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Prabhat Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Though notice has been issued to O.P. No. 2, no one has turned to assist the Court.

Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 24.11.2022 passed by learned 1st Additional Sessions Judge Bhojpur Ara in SC/ST Case No. 153 of 2022 whereby the prayer for bail of the appellant in connection with Sahar P.S. Case No. 186 of 2022 under Section 341, 323, 307, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and section 3(1)(r)(s) of the SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.1067 of 2023(4) dt.18-05-2023 2/3 As per allegation in the FIR, while the informant had gone to collect fire wood, appellant came there and started to abuse him and his wife and assault them by lathi. It is further alleged that he opened indiscriminate firing. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty village politics. No one has received fire arm injury. As per impugned order only pain and swelling has been reported by the medical officer. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. Appellant is languishing in judicial custody since 5.11.2022.

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

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 24.11.2022 passed in SC/ST Case No. 153 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Sahar P.S. Case No. 186 of 2022 on furnishing

Patna High Court CR. APP (SJ) No.1067 of 2023(4) dt.18-05-2023 3/3 bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge Bhojpur at Ara. (Sunil Kumar Panwar, J) sushma/- U