Babu Nandan Singh @ Babu Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.588 of 2021 Arising Out of PS. Case No.-187 Year-2019 Thana- KARPI District- Jehanabad ====================================================== Babu Nandan Singh @ Babu Nand Singh, aged about 63 years, Gender- Male, Son of Late Ram Sakal Singh, Resident of Village- Karan Bigha, Post- Injore, Injor, Kaler, P.S.- Mehandia, Distt- Arwal ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pritish Kumar Lal, Advocate For the State :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2021 Heard learned counsel for the appellant and learned A.P.P. for the State.

The appeal is against the order dated 19.09.2020 passed by learned Additional Sessions Judge, 1st-cum-Special Judge, SC/ST, (POA) Act, Jehanabad in connection with Karpi (Sahar Telpa) P.S. Case No.187 of 2019 for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Sections 3 (i)(r)(s) and 3(2)Va of SC/ST (Prevention of Atrocities) Act, has been rejected. The prosecution case as per fardbeyan of Ranjit Ram is that his father Ram Kewal Ram was living at village Pucca Math and had purchased nine Bigha land South of Baba Ram

Patna High Court CR. APP (SJ) No.588 of 2021(3) dt.25-03-2021 2/3 Kewalam and the informant had went there to see his father and while he was returning to his house, four persons killed his father by shooting at him causing injury on the neck and the west in result whereof he died. He has stated that the land dispute under a conspiracy with Nilima Sharan and her son. Learned counsel for the appellant submits that the appellant is not named in the F.I.R. During investigation, the appellant has been made accused in the present case. In the case diary, there is land dispute between the informant and the appellant. He further submits that similarly situated co-accused has been granted bail by this Co-ordinate Bench of this Court vide order dated 24.03.2021 passed in Cr. Appeal (SJ) No.1162 of 2021.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST, (POA) Act, Jehanabad in connection with Karpi (Sahar Telpa) P.S. Case No.187 of 2019.

Patna High Court CR. APP (SJ) No.588 of 2021(3) dt.25-03-2021 3/3 Accordingly, the order dated 19.09.2020 is set aside and appeal is allowed.

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