Aniket Kumar @ Chhote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1896 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== ANIKET KUMAR @ CHHOTE SINGH S/o Sunil Singh R/o VillagePahsara, P.S.-Nowkothi, District-Begusarai. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arjun Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 24.3.2022 passed by learned Spl. Judge SC/ST (POA) Act, Begusarai whereby the prayer for bail of the appellant in connection with Nowkothi PS Case No. 120/2021 under Sections 147, 148, 149, 341, 323, 385, 387, 504 and 56 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(Va) of SC/ST Act was rejected.

As per prosecution case, the appellant and other coaccused persons entered into the house of the informant and abused her by taking her caste name and threatened her that her husband and brother-in-law would be killed if extortion money

Patna High Court CR. APP (SJ) No.1896 of 2022(3) dt.14-09-2023 2/3 of Rs. 30,000/- per month was not paid to them. Further, allegation against the appellant is that the resorted to indiscriminate firing and other co-accused persons exploded bonb.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty village politics. No cartridge or bullets were found from the spot neither any one has got received gunshot 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. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 8.9.2022 passed in Cr. App. (SJ) No. 1465 of 2022. Appellant is languishing in judicial custody since 2.11.2021.

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 24.3.2022 is hereby set aside.

Patna High Court CR. APP (SJ) No.1896 of 2022(3) dt.14-09-2023 3/3 The appellant is directed to be enlarged on bail in connection with Nowkothi PS Case No. 120 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 Spl. Judge SC/ST (POA) Act, Begusarai. (Sunil Kumar Panwar, J) sushma/- U