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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1455 of 2023 Arising Out of PS. Case No.-181 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== ANIL SINGH @ ANIL KUMAR @ ANIL KUMAR SINGH SON OF LATE KAPIL DEO SINGH RESIDENT OF VILLAGE - KHESRAHI, P.S. - PATEPUR, DISTT. - VAISHALI ... ... Appellant/s

Versus

1.

The State of Bihar 2.

BALVIR DAS SON OF NAHESHWER DAS RESIDENT OF VILLAGE - KHESRAHI, P.S. - PATEPUR DISTT. - VAISHALI ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amresh Kumar Sinha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State. The instant appeal has been filed by the appellant against the order dated 24.2.2023 passed by learned Special Judge, SC/ST, Vaishali at Hajipur whereby the prayer for bail of the appellant in connection with Patepur P.S. Case no. 181 of 2021 under Sections 341, 323, 504, 506, 307, 379/34 of the Indian Penal Code and section 3(r) of SC/ST Act was rejected.

Allegations against the appellant is of abusing, assaulting by fists, legs and farsa to the informant. It is further alleged that accused Raushan Kumar took out Rs. 500/- from his pocket. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty village politics. He has not taken the cast name of the informant in public

Patna High Court CR. APP (SJ) No.1455 of 2023(3) dt.22-06-2023 2/2 view. Injury received by the injured are bruise and swelling. No offence is made out under the provisions of the SC/ST Act against him. He has got no criminal antecedent and languishing in judicial custody since 10.02.2023.

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 24.2.2023 passed in Patepur PS Case No. 181 of 2021 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Patepur PS Case No. 181 of 2021 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned learned Special Judge, SC/ST, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) sushma/- U