Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3368 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- BIND District- Nalanda ====================================================== RAUSHAN KUMAR S/o KAMLESH RAUT R/o village- Utarthu, P.S.- Bind, District- Nalanda ... ... Appellant.

Versus

1.

The State of Bihar.

2.

Virendra Paswan @ Bijendra S/o Late Ramadhin Paswan R/o villageRasalpur, P.S.- Bind, District- Nalanda ... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Sujit Kumar, Advocate For the State : Mr. Binay Krishna, Special P.P. For the Respondent No.2: Mr. Rahul Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2022 Heard learned counsel for the appellant, learned counsel for 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, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 06.07.2021 passed by learned 1stAdditional Sessions Judge cum Special Judge (SC/ST Act), Biharsharif, Nalanda in connection with Bind P.S. Case No. 14/21 registered under Sections 302/120B/34 of the Indian Penal Code and Section 3(1) (r) (s) and 3 (2) (v) of the Scheduled Castes and Scheduled

Patna High Court CR. APP (SJ) No.3368 of 2021(5) dt.24-02-2022 2/3 Tribes (Prevention of Atrocities) Act.

The prosecution case, in brief, is that the two sons of the informant were killed within six hours after they left their home with their tempo.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case merely on suspicion. The allegation levelled against the appellant is not specific rather general and omnibus in nature. The mobile phone which was used to call the deceased belongs to co-accused Sintu Kumar. It is further submitted that there is no eye witness of the occurrence. It is also submitted that the charge has been framed against the petitioner, which is denied by learned cousnel for respondent no.2. Co-accused, namely, Jitendra Prasad @ Karee has been granted bail by a co-ordinate Bench of this Court vide order dated 16.07.2021 passed in Cr. Appeal (SJ) No.2254 of 2021. Appellant has no criminal antecedent and has been languishing in custody since 04.02.2021.

Learned Special P.P. for the State and learned counsel for respondent no.2 opposed the prayer for bail. In the facts and circumstances of the case, the above named appellant is directed to be released on bail on

Patna High Court CR. APP (SJ) No.3368 of 2021(5) dt.24-02-2022 3/3 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 Addl. Sessions Judge cum Special Judge (SC/ST Act), Biharsharif, Nalanda in connection with Bind P.S. Case No.14/21.

The learned Court below is directed to accept the bail bond of the petitioner if charge has already been framed. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J.) Trivedi/- U T