Suryabali Prasad @ Surybali Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4030 of 2023 Arising Out of PS. Case No.-91 Year-2021 Thana- BANIAPUR District- Saran ====================================================== Suryabali Prasad @ Surybali Prasad S/O Phulena Prasad Resident Of VillageHarpur Ke Tola, Suhai Sahpur, P.S- Baniyapur, District- Saran At Chapra. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Bhim Kumar Sah S/O Late Sheobachchan Sah R/O Village- Harpur Ke Tola, P.S- Baniyapur, Distt.- Saran At Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 05.08.2023 passed by learned Exclusive Special Judge, SC/ST Act, Saran, Chapra whereby the prayer for bail of the appellant in connection with Baniyapur P.S. Case no. 91 of 2021 under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 of the Indian Penal Code and sections 3(1)(r)(s), (3)(2)(V) of SC/ST Act was rejected.

3. Allegation against the appellant and other

Patna High Court CR. APP (SJ) No.4030 of 2023(2) dt.09-11-2023 2/3 co-accused persons is that at the order of co-accused Bidya Prasad, started assaulting the father of informant with different arms due to which he succumbed to injuries.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. 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. Moreover, the appellant is languishing in judicial custody since 10.07.2023. Similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

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

Patna High Court CR. APP (SJ) No.4030 of 2023(2) dt.09-11-2023 3/3 allowed and the impugned order dated 05.08.2023 is hereby set aside.

7.The appellant is directed to be enlarged on bail in connection with Baniyapur P.S. Case No. 91 of 2021 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 Act, Saran, Chapra.

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