Raja Kumar @ Raja Singh @ Rajwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3047 of 2022 Arising Out of PS. Case No.-284 Year-2016 Thana- BARH District- Patna ====================================================== Raja Kumar @ Raja Singh @ Rajwa Son Of Ram Ekwal Singh Resident Of Village - Bichali Malahi, Police Station- Barh, District - Patna. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sujit Kumar@ Banra Rampravesh Paswan Resident Of Village- Malahi, Kalisthan, P.S.- Barh, District- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Tej Narayan Singh For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 09.12.2021 passed by learned Additional District and Sessions Judge-III-cum-Special Judge (SC/ST Act), Patna, whereby the prayer for bail of the appellant in connection with Barh P.S. Case No. 284 of 2016 under Sections 342, 307/34 of the Indian Penal Code, Section 3(i)(x) of the SC/ST Act and Section 27 of the Arms Act was rejected.
3. The allegation against the appellant along with
Patna High Court CR. APP (SJ) No.3047 of 2022(6) dt.18-01-2024 2/3 others is of indiscriminate firing upon the informant.
4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. There is general and omnibus allegation against the appellant rather no specific allegation of firing against him. He further submitted that from the perusal of the FIR, this fact is apparent that no one has sustained injury by as alleged firing. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to disgrace the image of the informant in public view. He is languishing in judicial custody since 05.09.2020.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 09.12.2021 arising out of Barh P.S. Case No. 284 of 2016 is hereby set aside.
7. The appellant is directed to be enlarged on bail in connection with Barh P.S. Case No. 284 of 2016 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
Patna High Court CR. APP (SJ) No.3047 of 2022(6) dt.18-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III-cum-Special Judge (SC/ST Act), Patna.
(Sunil Kumar Panwar, J) Arish/- U T