Ranjeet Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1912 of 2020 Arising Out of PS. Case No.-1004 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== RANJEET PASWAN S/o Jagarnath Ram Resident of Village-Jawahar Tola, Police Station-Ara Nawada, District-Bhojpur.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prabhat Kumar Singh For the Respondent/s :
Mr. Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.
The present appeal has been filed against the order dated 09.07.2020 passed by learned 1st A.D.J., Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 1004/2019 registered for the offences punishable under Sections 307/34 of the Indian Penal Code, 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants was rejected.
As per the prosecution case, on 25.11.2019, coaccused Bharat Singh Sahyogi came to the informant and abused him by case name. It is further alleged that thereafter all the accused persons including this appellant told him to return
Patna High Court CR. APP (SJ) No.1912 of 2020(3) dt.29-01-2021 2/3 the disputed agreement. On refusal, this appellant along with coaccused Raju abused the informant and co-accused K.B. Kahar fired as a result of which the informant sustained knee injury and leg of the informant fractured.
It is submitted on behalf of the appellant that there is general and omnibus allegation of abuse against this appellant and no overtact has been alleged against this appellant. It is further submitted that the appellant has not executed any sale agreement nor has demanded any advance money from the informant. Appellant has got clean antecedent. Considering the aforesaid facts and circumstances as well as nature of allegation, the impugned order dated 09.07.2020 passed by learned 1st A.D.J. Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 1004/2019 is set aside and appeal is allowed.
Accordingly, let the appellant, above named, in the event of arrest or surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Bhojpur at Ara, in connection with Ara Nawada P.S. Case
Patna High Court CR. APP (SJ) No.1912 of 2020(3) dt.29-01-2021 3/3 No. 1004/2019.
(Prabhat Kumar Singh, J) Saif/- U T