Patna High CourtCR. APP (SJ)/1151/2024allowed

Amit Singh @ Amit Kumar Singh v. The State Of Bihar

2024-05-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1151 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Amit Singh @ Amit Kumar Singh, Aged about 20 years, Gender-Male, Son Of Lakshmi Narayab Singh @ Lakkshmi Singh @ Laxmi Narayan Singh, Resident of Village- Kinarchola, P.S.- Bhagwanpur, District -Kaimur ... ... Appellant/s

Versus

The State of Bihar 2.

Brajesh Ram, Son Of Late Basgeet Ram, Resident of Village- Kinarchola, P.S.- Bhagwanpur, District -Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhaskar Shankar, Advocate For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

For the Informant :

Mr. Tribhuwan Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 07.02.2024 passed by learned Additional Sessions Judge-I-cum-Special Court, SC/ST(POA) Act, 1989, Kaimur at Bhabhua whereby the prayer for bail of the appellant in connection with Bhagwanpur P.S. Case no 93 of 2023 under Sections 302, 342, 504, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s), 3(2)(v) of SC/ST (POA) Act was rejected.

Patna High Court CR. APP (SJ) No.1151 of 2024(4) dt.23-05-2024 2/3

3. As per prosecution case, the appellant and other coaccused persons having with arms came and started abusing to the brother of the informant by taking his caste name. The appellant gave rifle to co-accused Dhananjay Kumar Singh, who opened fire upon the informant's brother at his chest due to which he died on the spot.

4. It is submitted by learned counsel for the appellant that appellant is innocent and has committed no offence. He has been falsely implicated in this case. He not taken the caste name of the informant in public view. Hence, no offence is made out under the provisions of the SC/ST Act against him. There is no specific allegation of firing against the appellant rather allegation of firing is levelled against the co-accused Dhananjay Kumar Singh due to which informant's brother succumbed to injuries. The appellant has got no criminal antecedent as stated in para 3 of the petition. The other co-accused persons namely, Bijendra Singh and Alok Singh have already been granted bail by this Court vide order dated 05.03.2024 passed Cr. Appeal(SJ) No. 5094 of 2023. Moreover, he is languishing in judicial custody since 09.04.2023.

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

6. From perusal of the F.I.R., case diary and impugned order dated 07.02.2024, it appears that on the basis of written

Patna High Court CR. APP (SJ) No.1151 of 2024(4) dt.23-05-2024 3/3 report of informant Brajesh Ram F.I.R. registered against four accused persons including the present appellant. It also appears that that appellant is only order giver and the specific allegation of firing upon the deceased is against co-accused Dhananjay Kumar.

7. Considering the facts and circumstances of the case period of custody of the appellant and submission made on behalf of the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 07.02.2024 is hereby set aside.

8. Let the appellant 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 the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST (POA) Act, 1989, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No.93 of 2023 with condition that the appellant shall present physically on each and every date before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) lata/- U T