Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.489 of 2021 Arising Out of PS. Case No.-10 Year-2018 Thana- FATUA District- Patna ====================================================== 1.

Sanni Kumar S/O Noji Yadav @ Akhilesh @ Raj Kumar Resident of Village- Maksudpur, P.S. - Fatuha, District - Patna. 2.

Ajit Kumar @ Abhishek Kumar S/O Nageshwar yadav Resident of VillageMaksudpur, P.S. - Fatuha, District - Patna. 3.

Ranjit Kumar S/o Nageshwar Yadav Resident of Village- Maksudpur, P.S. - Fatuha, District - Patna.

4.

Lal babu S/O Saryug Singh Resident of Village- Maksudpur, P.S. - Fatuha, District - Patna.

5.

Sunil Kumar Son of Dagar Yadav @ Dangar Yadav Resident of VillageMaksudpur, P.S. - Fatuha, District - Patna. 6.

Shambhu Kumar Son of Dagar Yadav @ Dangar Yadav Resident of VillageMaksudpur, P.S. - Fatuha, District - Patna. 7.

Mausam Kumar Son of Vishwanath Yadav Resident of Village- Maksudpur, P.S. - Fatuha, District - Patna.

8.

Roushan @ Dhogal Son of Late Ram Pravesh Yadav Resident of VillageMaksudpur, P.S. - Fatuha, District - Patna. 9.

Akash Raj @ Akash Kumar Son of Mithlesh Kumar Resident of VillageMaksudpur, P.S. - Fatuha, District - Patna. 10.

Jangli Gope @ Pramod Kumar @ Jangali Yadav S/O Ballam Yadav Resident of Village- Maksudpur, P.S. - Fatuha, District - Patna. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Shiv Jee das Late Tetar Das Village-Maksudpur,P.S-Fatuha,District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Harish Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

Vide order dated 02.11.2021, notice was issued to the respondent no. 2. Office pointed out that notice has been validly served but nobody appears on his behalf.

Patna High Court CR. APP (SJ) No.489 of 2021(3) dt.29-03-2022 2/3 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 17.09.2020, passed by learned Special Judge SC/ST (POA) Act, Patna in connection with Special Case No. 14 of 2018 arising out of Fatuha P.S. Case No. 10 of 2018, registered under Sections 147, 148, 149, 341, 323, 504, 506, 337, 338, 307, 379, 427, 448 of the IPC, Section 27 of the Arms Act and Sections 3 (i) (r) (s) of the SC/ST Act.

Appellants are said to have abused and assaulted the informant.

It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the appellants. He submits that similarly situated co-accused has been granted bail by a Bench of this Court vide order dated 20.12.2018 in Cr. APP (SJ) No. 3812 of 2018. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal.

Learned Spl. PP for the State and opposes the prayer for bail. Considering the facts that similarly situated co-accused has been granted bail, in the event of their 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

Patna High Court CR. APP (SJ) No.489 of 2021(3) dt.29-03-2022 3/3 Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST (POA) Act, Patna in connection with Special Case No. 14 of 2018 arising out of Fatuha P.S. Case No. 10 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 the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U