Md.Jumman @ Kalu Q Md. Jumman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1001 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- KHAJANCHI HAT District- Purnia ====================================================== Md.Jumman @ Kalu Q Md. Jumman S/O Late Nizam Resident of Mohalla - New sipahi Tola, Maranga Road, Mata Chowk, P.S. - K.Hat, District- Purnea. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar Singh For the Respondent/s :
Mr. Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2023 Heard learned counsel appearing on behalf of appellant and Spl. Public Prosecutor.
This criminal appeal has been filed against the impugned order dated 08.07.2020 passed by learned Additional Sessions Judge 1st-cum-Special Judge SC/ST (POA) Act, Purnea in connection with K. Hat. P.S. Case No. 261 of 2020, registered under Sections 323, 302, 506 and other allied sections of the Indian Penal Code and Sections 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.
As per prosecution case, when the informant's son demanded the due amount from the accused persons, the F.I.R. named accused persons including the appellant assaulted his son
Patna High Court CR. APP (SJ) No.1001 of 2021(4) dt.15-03-2023 2/2 and after killing him, hanged the body with rope in his shop. It is submitted on behalf of appellant that the allegation against his is general and omnibus. No specific overt act has been alleged against the appellant. Appellant claims clean antecedent.
However, learned Spl. Public Prosecutor appearing for the State vehemently opposes the prayer for bail application and submits that the anticipatory bail of similarly situated coaccused namely Md. Munna has already been rejected by this Court vide order passed in Criminal Appeal (SJ) No. 2002 of 2020 dated 09.03.2021.
Considering the gravity of accusation and facts and circumstances of the case, I do not find any ground to interfere with the order of the learned Court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected with direction to surrender and seek regular bail. (Prabhat Kumar Singh, J) Navya/- U T