Ajeet Kumar @ Pappu Kumar @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4816 of 2021 Arising Out of PS. Case No.-816 Year-2020 Thana- FATUA District- Patna ====================================================== 1.
AJEET KUMAR @ PAPPU KUMAR @ PAPPU Son of Bulkam Sao Resident of Village - Govindpur, P.S.- Fatuha, District - Patna. 2.
Puja Devi Wife of Ajeet Kumar @ Pappu Kumar @ Pappu Resident of Village - Govindpur, P.S.- Fatuha, District - Patna. 3.
Aman Raj Son of Ajeet Kumar @ Pappu Kumar @ Pappu Resident of Village - Govindpur, P.S.- Fatuha, District - Patna. 4.
Harsh Raj Son of Ajeet Kumar @ Pappu Kumar @ Pappu Resident of Village - Govindpur, P.S.- Fatuha, District - Patna. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Shyam Sundari Dev Bhagwan Paswan R/o - Govindpur, P.S.- Fatuha, DistPatna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Raj Krishan Jha, Adv.
For the Respondent/s :
Mr.Sadanand Paswan,Spl.P.P.
Mr.Rajesh Mohan, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-04-2023 Heard learned counsel for the appellants, learned counsel for the informant and learned Special Public Prosecutor for the State.
This appeal has been preferred against the order dated 26.11.2021 passed by learned Special Judge (SC/ST Act), Patna in A.B.P. No.6936 of 2021, Special Case No.484 of 2020 (SC/ST) arising out of Fatuha P.S. Case No.816 2020 registered under Sections 341, 323, 337, 338, 308, 379, 504, 354 and 34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) of the
Patna High Court CR. APP (SJ) No.4816 of 2021(9) dt.27-04-2023 2/2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants has been rejected.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. There is a case and counter case between both the parties and both parties have sustained injuries.
Considering the facts and circumstances of the case as well as the submissions made by the parties, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, SC/ST, Patna in connection with Special Case No.484 of 2020 (SC/ST) arising out of Fatuha P.S. Case No.816 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Arvind Srivastava, J) Harish/- U T