Sanjay Kumar @ Rohni @ Sanjay Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2591 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== Sanjay Kumar @ Rohni @ Sanjay Sahni S/o Dukhan Kewat R/o MohallaMallah Toli (Kumhartoli), P.S.- Muffasil, District- Gaya ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Lakshmi Kant Sharma For the Respondent/s :
Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-09-2019 Heard learned counsel for the appellant, learned counsel for the informant 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 of anticipatory bail vide order dated 08.03.2019 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Buniyadganj P.S. Case No.263 of 2018 registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.2591 of 2019(4) dt.06-09-2019 2/3 While the informant along with his nephew and brother was regressing to his house on motorcycle 11 named accused persons including the appellant surrounded them. Coaccused Chavanni assaulted on the hand of his brother. Resultantly, he fell down from motorcycle then Tinku Singh @ Chokha resorted firing on the temple of his brother from point blank range which proved fatal. Other accused persons resorting firing made good their escape.
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 due to dirty village politics. He does not happen to be assailant. He was not present at the place of occurrence rather remained admitted in ANMCH, Gaya from 05.12.2018 to 09.12.2018 as he was suffering from acute diarrohea. Appellant has no criminal antecedent. Learned counsel for the informant and learned Spl. PP for the State opposed the prayer for bail. In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. APP (SJ) No.2591 of 2019(4) dt.06-09-2019 3/3 amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Buniyadganj P.S. Case No.263 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Prakash Chandra Jaiswal, J) Trivedi/- U T