Ganesh Singh @ Laddu @ Ganesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1735 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Ganesh Singh @ Laddu Ganesh Son of Late Satya Narayan Prasad Resident of Village - Jalkadar Bagh, P.S.- Malsalami, District- Patna ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 26-04-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 13.03.2019 passed by learned Special Judge (SC/ST Act), Patna in Special Case No. 598 of 2018 arising out of Malsalami P.S. Case No. 380 of 2018 registered under Section 302/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant along with eleven F.I.R. named accused persons are said to have stabbed to death the son of the informant over altercation between the deceased and the co-

Patna High Court CR. APP (SJ) No.1735 of 2019 dt.26-04-2019 2/3 accused Rajesh Prasad Yadav on selling and consuming ganja in front of the house of the informant.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. No incriminating article has been recovered from the conscious physical possession of the appellant. He has been made accused in the case only on the basis of suspicion and has been languishing in custody since 03.11.2018. Similarly situated coaccused, namely, Manoj Kumar Yadav has been enlarged on bail by a co-ordinate bench of this court vide order dated 29.03.2019 passed in Cr. Appeal (SJ) No. 858 of 2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Act), Patna in connection with Special Case No. 598 of 2018 arising out of Malsalami P.S.

Patna High Court CR. APP (SJ) No.1735 of 2019 dt.26-04-2019 3/3 Case No. 380 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 27.04.2019 Transmission Date 27.04.2019