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Patna High CourtCR. APP (SJ)/3452/2023allowed

Ranjeet Ram @ Salim Khan v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3452 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Ranjeet Ram @ Salim Khan Son Of Krishna Ram Resident Of VillageNarsingpur, Ps- Jairampur, Distt- Shekhpura ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Rajesh Choudhary Son Of Murari Choudhary Resident Of VillageAmbabigha, Ps- Sare, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kumar Manglam For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 12.07.2023 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Sheikhpura whereby the prayer for bail of the appellant in connection with Jairampur P.S. Case no. 29 of 2023 under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i) (r) (s) and 3(2) (va) of SC/ST Act was rejected.

Allegation against the appellant along with other coaccused persons is that they abused the informant and further

Patna High Court CR. APP (SJ) No.3452 of 2023(2) dt.05-10-2023 2/3 co-accused person, namely, Dunaliya Ram fired upon him due to which he sustained injury.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to village politics. 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. There is no specific allegation has been attributed against the appellant rather the specific allegation of firing on the informant is against the coaccused, namely, Dunaliya Ram. A statement has been made in para-3 of this petition that the appellant has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.06.2023.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 12.07.2023 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Jairampur P.S. Case No. 29 of 2023 on

Patna High Court CR. APP (SJ) No.3452 of 2023(2) dt.05-10-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cumSpecial Judge, SC/ST Act, Sheikhpura. (Sunil Kumar Panwar, J) Shubham/- U T