Ujjwal Singh @ Ujjawal Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2412 of 2022 Arising Out of PS. Case No.-71 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== UJJWAL SINGH @ UJJAWAL KUMAR SUMAN SON OF SRI RAM SURESH PRASAD SINGH @ RAMSURESH PRASAD SINGH @ SURESH SINGH Resident of Village - Bishunpura, P.S.- Sherghati, Distt.- Gaya.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

INDRADEV PASWAN Son of Late Komal Paswan Resident of Village - Bishunpura, P.S.- Sherghati, Distt.- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manish Kumar No 13, Mr. Rohit Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 01.06.2020 passed by learned Exclusive Special Judge, SC/ST, Gaya whereby the prayer for bail of the appellant in connection with Sherghati P.S. Case no. 71 of 2020 under Section 341, 323, 307, 379, 504, 506 of the Indian Penal Code and sections 3(i)(r)(s) of SC/ST Act was rejected. As per allegation in the FIR, which the informant was sitting at his door, several accused persons came there having lathi, danda and rifle in their hands and started to abuse and assault him as a result of which he fell down. When his family

Patna High Court CR. APP (SJ) No.2412 of 2022(2) dt.04-08-2022 2/3 members came there to rescue him, they were also beaten up by them.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to previous land dispute. He has not taken the cast name of the informant in public view. Doctor has opined the nature of injury as of simple. No offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to disgrace the image of the informant in public view. The appeal for bail is opposed by learned Spl. P.P. for the State.

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 01.06.2020 passed by learned Exclusive Special Judge, SC/ST, Gaya is hereby set aside. The appellant is directed to be enlarged on bail in connection with Sherghati P.S. Case No. 71 of 2020 in the event of arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. APP (SJ) No.2412 of 2022(2) dt.04-08-2022 3/3 satisfaction of the learned Exclusive Special Judge, SC/ST, Gaya.

(Sunil Kumar Panwar, J) sushma/- U