Bhutti Bin @ Bhutti Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3529 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- BAGHA District- West Champaran ====================================================== BHUTTI BIN @ BHUTTI MUKHIYA Son of Asharfi Bin Resident of Village -Nadda, Khekharia Tola, P.S.- Bhairoganj, Distt.- West Champaran. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjeev Kumar, Adv.

For the Respondent/s :

Smt. Usha Kumari no.1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2021 Heard learned counsel for the parties through video conferencing.

The instant appeal has been preferred against the order dated 14.7.2021 passed by the learned 1st Additional District and Sessions Judge-cum-Special Judge (S.C./S.T.), Bettiah whereby the prayer for bail of the appellant in connection with a case registered under section 307 and other sections of the Indian Penal Code and section 3(1)(r)(s) and 3(2) (va) of the S.C. and S.T. Act was rejected.

As per the prosecution case, over a difference relating to the engagement of the informant in a job and the salary which he would get, it is stated that the eight named accused persons including the appellant herein assaulted the informant as also his father.

Patna High Court CR. APP (SJ) No.3529 of 2021(2) dt.13-09-2021 2/2 It is submitted by learned counsel for the appellant that so far as the assault on the informant is concerned, the allegations are specific on Manoj Chaudhary. Against others, the allegations are general and omnibus in nature. The informant has sustained simple injury whereas his father sustained one grievous injury which is said to be on the right forearm. The appellant is in custody since 18.5.2021 and chargesheet has been submitted in the case. He has no criminal antecedent. Heard learned Special P.P. appearing for the State. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including chargesheet having been submitted in the case, the order impugned dated 14.7.

2021 is set aside and the appellant is directed to be enlarged on bail in connection with Bagaha (Bhairoganj) P.S. Case no.101 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special Judge (S.C./S.T.), Bettiah, West Champaran.

(Partha Sarthy, J) Saurabh/- U T