Bittu Kumar @ Bitu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3466 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Bittu Kumar @ Bitu Yadav Son Of Sri Arvind Kumar @ Arvind Yadav Vill Reganiyabagh Po Dhobiya Kalapur Ps Naubatpur Dist Patna Bihar ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lal Bihari Paswan Son Of Late Kailash Paswan Resident Of Ram Charan Chhatni, Ps- Naubatpur,Dist- Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ravi Kant Kumar For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 07.07.2023 passed by learned Exclusive Special Court SC/ST, Patna whereby the prayer for bail of the appellant in connection with Naubatpur P.S. Case No. 159 of 2023 under Sections 302, 34 of the Indian Penal Code, section 27 of the Arms Act and Sections 3(2) (v) of SC/ST Act was rejected.

3. Allegation against the appellant along with other co-accused person is that they abused the informant's son and

Patna High Court CR. APP (SJ) No.3466 of 2023(3) dt.12-10-2023 2/3 co-accused, namely, Ankit Kumar opened fire by pistol upon his son due to which he died during treatment.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to village politics and previous enmity. 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. Nothing specific allegation has been levelled against the appellant rather the specific allegation of shot fire upon the deceased is against co-accused, namely, Ankit Kumar. The informant is not the eye witness of the alleged occurrence. 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 24.03.2023.

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 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 07.07.2023 is hereby set aside.

Patna High Court CR. APP (SJ) No.3466 of 2023(3) dt.12-10-2023 3/3 7.The appellant is directed to be enlarged on bail in connection with Naubatpur P.S. Case No. 159 of 2023 on 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 Exclusive Special Court SC/ST at Patna. (Sunil Kumar Panwar, J) shubham/- U T