Abhishek Kumar Verma @ Abhishek Mehta @ Baudha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3770 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Abhishek Kumar Verma @ Abhishek Mehta @ Baudha S/O Shivnath Prasad @ Shivnath Prasad Verma Resident Of Village- Chhoti Pahari, New Bypass Road Near Nahar, P.S.- Agamkuan, Dist.- Patna. Permanent Maternal HousePakki Goraiya, P.S.- Khejekalan, Dist.- Patna ... ... Appellant/s
Versus
1.
The State Of Bihar 2.
Sunita Devi W/O Late Devi Choudhary R/O Village- Sadar Gali, Kali Mandir, Adarsh Colony, P.S.- Khajekalan, Dist.- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Arun Kumar Tiwari For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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 01.08.2023 passed by learned Exclusive Special Judge SC/ST, Patna whereby the prayer for bail of the appellant in connection with Khajekalan P.S. Case No. 35 of 2023 under Sections 302, 120B, 34 of the Indian Penal Code and section 27 of the Arms Act and Sections 3(i) (r)(s), 3(2)(va) of SC/ST Act was rejected.
3. Allegation against the FIR named accused
Patna High Court CR. APP (SJ) No.3770 of 2023(3) dt.03-11-2023 2/3 persons is that they in connivance with other co-accused persons came and started firing on the informant's husband due to which he sustained gunshot injuries and fell down.
4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case merely on the basis of confessional statement of coaccused which does not get evidientiary value in the eye of law. The appellant is not named in the FIR and no specific allegation of firing levelled against him. 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. It is further submitted that the appellant has not been put on TIP. Moreover, he is languishing in judicial custody since 01.04.2023.
5. The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant.
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 01.08.2023 is hereby set aside. 7.The appellant is directed to be enlarged on bail in
Patna High Court CR. APP (SJ) No.3770 of 2023(3) dt.03-11-2023 3/3 connection with Khajekalan P.S. Case No. 35 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 Judge SC/ST, Patna. (Sunil Kumar Panwar, J) Manishkr/- U T