Sanjeet Kumar @ Sanjeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2732 of 2023 Arising Out of PS. Case No.-156 Year-2021 Thana- SONEPUR District- Saran ====================================================== Sanjeet Kumar @ Sanjeep Kumar Son Of Ramekbal Rai @ Dhorai Roy Resident Of Village - Sabalpur, Pachhiyari Tola, P.S.- Sonepur, District - Saran.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
Jagpatia Devi wife of Vijay Paswan resident of village- Sabalpur, Kachahari Bazar, P.S.- Sonpur, Saran ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ramchandra Sahni For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 15.04.2023 passed by learned 3rd Additional Sessions Judge-cum-SC/ST Special Court, Saran at Chapra whereby the prayer for bail of the appellant in connection with Sonepur P.S. Case No. 156 of 2021 under Sections 341, 323, 324, 448, 504, 506, 307, 379 and 354(B) of the Indian Penal Code, Section 27 of the Arms Act and sections 3(i) (r) (s) of SC/ST Act was rejected.
3. Allegation against the appellant along with other co-accused persons is that they entered in the house of the
Patna High Court CR. APP (SJ) No.2732 of 2023(2) dt.02-11-2023 2/3 informant and abused him. On protest, they assaulted the informant's side.
4. It is submitted by learned counsel for the appellant 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. No offence is made out under the provisions of the SC/ST Act against him. Nothing specific allegation has been levelled against the appellant rather general and omnibus allegation has been levelled against all of them. As far as the injury of the injured in concerned, is simple in nature. Similarly situated other coaccused persons have already been granted bail by another coordinate Bench of this Court vide Annexure-2 and 3 of this petition. Moreover, the appellant is languishing in judicial custody since 24.03.2023.
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 15.04.2023 is hereby set aside.
Patna High Court CR. APP (SJ) No.2732 of 2023(2) dt.02-11-2023 3/3
7. The appellant is directed to be enlarged on bail in connection with Sonepur P.S. Case No. 156 of 2021 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 3rd Additional Sessions Judge-cum-SC/ST Special Court, Saran at Chapra.
(Sunil Kumar Panwar, J) shubham/- U T