Veer Kumar @ Veeru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3555 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Veer Kumar @ Veeru Kumar S/O Jay Ray @ Jay Krishna Ray R/O VillageNaya Tola, Bariyarpur, P.S-Bakhtiyarpur, District-Patna. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Chandan Kumar Lal Kishun Das @ Birai Das Resident of Mohalla-Naya Tola, Bariyarpur, P.S.-Bakhtiyarpur, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Binay Krishna Mr. Nihal Beg Mr. Shive Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2023 Heard learned counsel for the appellant, respondent no. 2 and learned Special Public Prosecutor for the State. Learned counsel for the appellant is directed to remove the defects, if any, as pointed out by the office within four weeks.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 17.03.2021, passed by learned A.D.J.-III-cum-Special Judge (SC/ST Act), Patna in connection with Bakhtiyarpur P.S. Case No. 93 of 2020, registered under Sections 147, 148, 149, 341, 323, 307 of the IPC, Section 27 of the Arms Act and Sections 3(i) (r) (s) of

Patna High Court CR. APP (SJ) No.3555 of 2021(3) dt.11-01-2023 2/3 SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. He submits that there is general and omnibus allegation levelled against the appellant. He submits that no any person was injured in the present occurrence. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal. However, learned Spl. PP for the State and learned counsel for the respondent no. 2 oppose the prayer for bail and submit that appellant was present at the place of occurrence and he also fired upon the informant.

Considering the facts and circumstances of the case, let 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 enlarged on bail on 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 A.D.J.-III-cum-Special Judge, SC/ST Patna in connection with Bakhtiyarpur P.S. Case No. 93 of 2020, subject to the condition as laid down under Section 438 (2) of the

Patna High Court CR. APP (SJ) No.3555 of 2021(3) dt.11-01-2023 3/3 Cr.P.C.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T