Satyalesh Kumar @ Santalesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1896 of 2020 Arising Out of PS. Case No.-454 Year-2019 Thana- HILSA District- Nalanda ====================================================== 1.

SATYALESH KUMAR @ SANTALESH KUMAR Son of Yamuna Mahto Resident of Village - Yarpur, P.S.- Hilsa, District - Nalanda. 2.

Baliram Prasad Son of Yadu Mahto Resident of Village - Yarpur, P.S.- Hilsa, District - Nalanda.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhola Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-01-2021 Heard learned counsel for the appellants and the State.

The appellants are aggrieved by the order dated 09.01.2020 passed by the Additional Sessions Judge, 1st, Nalanda at Biharsharif in Hilsa P.S. Case No. 454 of 2019 registered for the offences under Sections 302/34 IPC, 27 Arms Act and 3(1)(r)(s)(w), 3(2) (v)(va) Act, whereby regular bail petition of the appellants has been rejected. Learned counsel for the appellants submits that the appellants have no criminal antecedent. He further submits that in the instant case there is specific allegation of firing from rifle against Nitish Kumar. Referring to the post mortem report he

Patna High Court CR. APP (SJ) No.1896 of 2020(3) dt.12-01-2021 2/2 submits that there is no fire arm injury on the body of deceased Malti Devi. The aforesaid facts falsify the entire prosecution case. He further submits that other co-accused have been granted bail.

Considering the aforesaid, the Court is inclined to grant bail to these appellants on deposit of cash of Rs. 25,000/- each. Let the appellants, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Nalanda at Biharsharif in connection with Hilsa P.S. Case No. 454 of 2019, subject to deposit of cash of Rs. 25,000/- .

The deposit of Rs. 25,000/- cash each shall abide by the final out come of the present criminal case. (Anil Kumar Upadhyay, J) spandey/- U T