Sujeet Kumar @ Sujeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2907 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== Sujeet Kumar @ Sujeet Singh Son of Ramchandra Singh Resident of VillageDelhuwaha, P.S.- Rajepur, District- East Champaran. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Surendra Kishore Thakur For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-10-2019 Heard learned counsel for the appellant 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 for bail vide order dated 22.05.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge SC/ST Act, East Champaran at Motihari in connection with Madhuban P.S. Case No. 09 of 2019 registered under Sections 147, 148, 149, 384, 307 & 302 of the Indian Penal Code, Section 25 (1-b)A, 27 & 35 and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2907 of 2019(4) dt.21-10-2019 2/3 8 named and 8-10 unknown miscreants are said to have gunned down the grandfather of the informant and strangulated to death one Raj Kishore Sharma on the door of the informant.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. Appellant has been falsely implicated in the case due to dirty village politics and animosity. He is not named in the F.I.R. There is nothing on record indicating the complicity of the appellant in the occurrence barring the confessional statement of apprehended accused Akshya Kumar which has no evidentiary value in the eye of law. Only one gun shot injury was found on the person of the deceased Kapildeo Rai and the assailant of the said injury is not ascertained. Said Akshay Kumar and one named accused Niraj Singh have been enlarged on bail by this Court vide judgment dated 20.06.2019 in Criminal Appeal (SJ) Nos.1420 of 2019 and 1431 of 2019, while similarly situated coaccused Maya Singh has been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 19.06.2019 in Cr. Appeal (SJ) No.1508 of 2019 and Arun Singh @ Arun Kumar Singh has been enlarged on bail by this Court vide order dated 28.06.2019 passed in Cr. Appeal (SJ) No.1824 of 2019.

Patna High Court CR. APP (SJ) No.2907 of 2019(4) dt.21-10-2019 3/3 Appellant has no criminal antecedent and has been languishing in custody since 18.03.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail 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 Addl. Sessions Judge cum Special Judge SC/ST Act, East Champaran at Motihari in connection with Madhuban P.S. Case No. 09 of 2019.

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

(Prakash Chandra Jaiswal, J) Trivedi/- U T