Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3727 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- TIKAPATTI District- Purnia ====================================================== Sintu Kumar Son Of Dular Sah @ Dular Chand Sah Resident Of Village - Simra, P.S. - Tikapatti, District - Purnea ... ... Appellant/S

Versus

1.

The State Of Bihar Patna 2.

Virendra Kmar Rajak Son Of Suresh Rajak Resident Of Village - Simra, P.S. - Tikapatti, District - Purnea ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhola Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 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 31.07.2023 passed by learned Special Judge SC/ST Act, Purnea whereby the prayer for bail of the appellant in connection with Tikapatti P.S. Case no. 17 of 2023 under Sections 341, 323, 504, 308, 385, 506, 379 and 34 of the Indian Penal Code and section 3(1) (X) of SC/ST Act was rejected.

Allegation against the co-accused persons along with this appellant is that they assaulted the informant along with his father due to which they sustained injuries. Further, they abused

Patna High Court CR. APP (SJ) No.3727 of 2023(2) dt.21-09-2023 2/3 the informant by taking his caste name.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to dirty 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. Nothing specific allegation has been levelled against the appellant. From perusal of the impugned order, the nature of injury of the injured is simple. 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 26.07.2023. 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 of the fact 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 31.07.2023 passed in connection with Tikapatti P.S. Case No. 17 of 2023 is hereby set aside. The appellant is directed to be enlarged on bail in connection with Tikapatti P.S. Case No. 17 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. APP (SJ) No.3727 of 2023(2) dt.21-09-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST Act, Purnea.

(Sunil Kumar Panwar, J) shubham/- U T