Rakesh Ray @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2135 of 2023 Arising Out of PS. Case No.-492 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Rakesh Ray @ Rakesh Kumar S/O- Ravindra Ray Resident Of VillageSirdilpur, P.S. Shahpur Patori, District- Samastipur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Savitri Devi wife of Singeshwar Rajak Village- Sirdilpur Ps- Shahpur Patori Dist- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 31.3.2023 passed by learned Special Judge, SC/ST (POA) Act, Samastipur whereby the prayer for bail of the appellant in connection with Patory PS Case No. 492 of 2022 filed under Sections 341, 323, 324, 504, 506, 379, 147, 148, 149 of the Indian Penal Code and sections 3(1)(r)(s)of SC/ST Act was rejected.

Allegations against the appellant is of inflicting knife blow to the informant resulting into cut in his index finger. It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.2135 of 2023(3) dt.21-09-2023 2/2 that appellant has been falsely implicated in this. Informant has received simple injury. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. Appellant is languishing in judicial custody since 20.03.2023. 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 31.03.2023 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Patory PS Case No. 492 of 2022 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 Special Judge, SC/ST (POA) Act, Samastipur.

(Sunil Kumar Panwar, J) sushma/- U