Patna High CourtCR. APP (SJ)/3278/2019bail granted

Ranjesh Singh v. The State Of Bihar

2019-09-13Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3278 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== RANJESH SINGH Son of Lalbabu Singh Resident of Village - Delho, P.S.- Madhuban, District - East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bal Govind Sharma For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-09-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 22.05.2019 passed by learned 1st A.D.J. cum Special Judge, East Champaran, Motihari in Madhuban P.S. Case No. 9 of 2019 registered under Sections 147, 148, 149, 384, 307 and 302 of the Indian Penal Code, Sections 25(1-b)a, 26, 27 and 35 of the Arms Act and Sections 3(2)(v) of the SC/ST Act.

Eight named accused persons including the appellant and 8-10 unknown miscreants are said to have gunned down the grand-father of the informant and strangulated to death one Raj Kishore Sharma over demand of extortion.

Patna High Court CR. APP (SJ) No.3278 of 2019(5) dt.13-09-2019 2/3 It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics and animosity. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Doctor has found only one gun shot injury on the person of the deceased but the assailant of the said injury is not ascertained. Appellant has no criminal antecedent and has been languishing in custody since 13.03.2019. Similarly situated co-accused, namely, Maya Singh has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 19.06.2019 passed in Cr. Appeal (SJ) No. 1508 of 2019 while other accused persons have been enlarged on regular bail by this Court. 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st A.D.J. cum Special Judge, SC/ST Act, East Champaran, Motihari in connection with Madhuban P.S. Case No. 9 of 2019.

Patna High Court CR. APP (SJ) No.3278 of 2019(5) dt.13-09-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

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