Raj Ballav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1618 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Raj Ballav Kumar, aged about 33 years, Male, Son of Harsingh Rai, Resident of Village - Dighi Kala Purvi, P.S.- Hajipur Sadar, District- Vaishali ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Mukesh Kumar For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 24-04-2019 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) Amendment Act, 2015 against the refusal of prayer for bail vide order dated 06.04.2019 passed by learned Additional Sessions Judge-I cum Special Judge (SC/ST Act), Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 71 of 2019 registered under Sections 147, 148, 149, 447, 307, 302 and 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Appellant along with 31 named and some other accused persons armed with weapons protested taking out
Patna High Court CR. APP (SJ) No.1618 of 2019 dt.24-04-2019 2/3 immersion procession of Goddess Saraswati from his door by the informant and Bindi Rai slating the informant in the name of the caste gave order to assault him and others whereupon Raju Kumar fired on Chandani Kumari resulting into her death while Manish Kumar, Rajesh Rai and Rakesh Rai also made indiscriminate firing causing injury to some persons. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. He does not happen to be the assailant. Appellant has no criminal antecedent and has been languishing in custody since 12.02.2019.
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 Additional Sessions Judge-I cum Special Judge (SC/ST Act), Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 71 of 2019.
Patna High Court CR. APP (SJ) No.1618 of 2019 dt.24-04-2019 3/3 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 25.04.2019 Transmission Date 25.04.2019