Anil Kumar Singh @ Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3187 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== Anil Kumar Singh @ Anil Yadav Son Of Mithlesh Singh Resident Of Village - Suarmarwa Pashchami, Patila, Police Station - Maner, District - Patna. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Supan Rajak Late Chhabila Rajak Village-Rampur Diyara,P.SManer,District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sarva Deo Singh For the Respondent/s :

Mr.Usha Kumari 1 Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard learned counsel for the appellant, respondent no. 2 and learned Special Public Prosecutor for the State. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 29.06.2021, passed by learned 1st Additional Sessions Judge, Ara in connection with Koilwar P.S. Case No. 276 of 2020, registered under Sections 302/34 of the IPC, Section 27 of the Arms Act and Sections 32(2) (v) of SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is general

Patna High Court CR. APP (SJ) No.3187 of 2021(3) dt.01-11-2022 2/2 and omnibus allegation levelled against the appellant. He submits that the appellant has been made accused in this case on the basis of confessional statement of co-accused. He submits that there is no specific allegation against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

However, learned counsel for the respondent no. 2 does not oppose the prayer for bail.

Considering the facts and circumstances of the case, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Ara in connection with Koilwar P.S. Case No. 276 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T