Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1270 of 2020 Arising Out of PS. Case No.-438 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.
Manish Kumar, Male, aged about 19 years, Son of Ajay Kahar @ Mukhia @ Jay Singh 2.
Shankar Kahar @ Shankar Kumar, Male, aged about 19 years, Son of Birju Kahar. Both Resident of Village - Kamta, P.S.- Hilsa, Distt - Nalanda. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Rewti Kant Raman, Advocate For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2020 Heard the parties through the virtual court proceeding. The present appeal has been preferred against the order dated 20.01.2020 passed by Ist Additional Sessions Judge Cum Special Court SC/ST Atrocities Act, Nalanda at Biharsharif in connection with Hilsa P.S. Case No.438 of 2019 under Section 302/34 of the Indian Penal Code and Sections 3(1) (r), (s)/ 3 (2) (V) (Va) of the S.C./S.T. Act.
The allegation as per F.I.R. of the informant Laxminia Devi is that on 26.08.2019 at about 10 P.M. while her Fufera brother Hulas Manjhi was sitting on the well of his village, the accused persons including the appellants got him furious by telling some pinching words and when he started abusing them,
Patna High Court CR. APP (SJ) No.1270 of 2020(3) dt.29-06-2020 2/3 the accused persons brutally assauted him. It is further alleged that since there was none in his house except t he wife and children, he was not treated by any doctor in the night and ultimately, he succumbed to his injuries in t he morning at 10 A.M.
Learned counsel for the appellants submits that the appellants have been falsely implicated by the informant due to village politics. The alleged sections have got no application against the appellants. The appellants had no intention to kill the deceased and no any specific weapon has been attributed in the hands of the appellants. Learned counsel for the appellants further submits that by the impugned order passed by the court below, which is mentioned in some paragraphs of the case diary. In paragraphs 14 and 13 of the case diary, there is no specific allegation against the appellants. Other independent witnesses have not supported the prosecution story and there is no specific overt act against the appellants.
Learned Additional Public Prosecutor for the State has opposed this appeal.
Considering the facts and circumstances of this case, let the appellants, above named, be released on bail, pending appeal, on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Patna High Court CR. APP (SJ) No.1270 of 2020(3) dt.29-06-2020 3/3 Five Thousand) each only with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Biharsharif Nalanda in connection with Hilsa P.S. Case No.438 of 2019.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Anjani Kumar Sharan, J) Nasimul/- U T