Sudhir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2232 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== SUDHIR SAH son of Umesh Sah Village- Ajitganj ward no-7, Ps- Sarai Ranjan Dist- Samastipur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjeet Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 26.4.2023 passed by learned special Judge SC/ST (POA) Act, Samastipur, whereby the prayer for bail of the appellant in connection with Sarai Ranjan P.S. Case No. 315 of 2022 under Sections 147, 149, 341, 323, 332, 337, 353, 504 of the Indian Penal Code and sections 3(i)(r), 3(2)(va) of SC/ST Act was rejected.

According to FIR, allegation against the appellant along with several other accused persons is of creating hindrance and discharging the duties of police officials by blocking public road and burning tires.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. He has not taken

Patna High Court CR. APP (SJ) No.2232 of 2023(3) dt.03-08-2023 2/2 the cast name of the informant in public view hence, no offence is made out under the provisions of the SC/ST Act against him. From perusal of FIR, it appears that general and omnibus allegations leveled against the appellant. No any specific overt act is attributed against the appellant. The appellant has got no criminal antecedent as stated in para-3 of the bail petitioner. Moreover, he is languishing in judicial custody since 13.4.2023. 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 26.4.2023 passed in Sarai Ranjan P.S. Case No. 315 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Sarai Ranjan P.S. Case No. 315 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, Samstipur. (Sunil Kumar Panwar, J) Amandeep/- U T