Bhim Raut @ Sandeep Raut @ Sandip Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2351 of 2024 Arising Out of PS. Case No.-66 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Bhim Raut @ Sandeep Raut @ sandip Prasad SON OF LATE RAMPRIT RAUT VILLAGE- SINGHTHU, PS- MANPUR, DIST- NALANDA ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amit Ranjan For the Respondent/s :
Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 23.4.2024 passed by learned Additional Sessions Judge 6th Cum-Special Judge (SC/ST), Biharsharif, Nalanda whereby the prayer for bail of the appellant in connection with Manpur P.S. Case no. 66 of 2023 under Sections 147, 148, 149, 307, 341, 447, 504, 506 of the Indian Penal Code and section 27 of the Arms Act and sections 3(1)(r) (s) 3(2)(va) of the SC/ST Act was rejected.
3. Allegations against the appellant along with other co-accused persons is of abusing, assaulting and firing upon the informant and others due to which they sustained injury.
4. It is submitted by learned counsel for the appellant
Patna High Court CR. APP (SJ) No.2351 of 2024(2) dt.17-05-2024 2/3 that appellant has been falsely implicated in this case due to dirty village politics. He has not taken the caste name of the informant in public view as such, no offence is made out under the provisions of the SC/ST Act against him. There is no specific overt-act against the appellant rather general and omnibus allegation leveled against him. Similarly situated coaccused Ganauri Raut has already been enlarged on bail by this Court vide order dt. 1.2.2024 passed in Cr. Appeal (SJ) NO. 3519 of 2023. The appellant is languishing in judicial custody since 21.2.2024.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
6. 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 23.4.2024 passed in Manpur P.S. Case No. 66 of 2023 is hereby set aside.
7. The appellant is directed to be enlarged on bail in connection with Manpur P.S. Case No. 66 of 2023 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
Patna High Court CR. APP (SJ) No.2351 of 2024(2) dt.17-05-2024 3/3 Addiional Sessions Judge 6th Cum-Special Judge (SC/ST Act) Biharsharif, Nalanda.
(Sunil Kumar Panwar, J) amandeep/- U T