Mannu Alam @ Tabrej Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4172 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Mannu Alam @ Tabrej Alam S/O Munshi Alam @ Mansoor Alam R/O Village- Sarari Paschim Tola, P.S- Goreakothi, Distt.- Siwan. ... ... Appellant/s

Versus

1. The State of Bihar

2. Baban Ram S/o Late Raj Kumar Ram, R/o Village- Sarai Paschim Tola, P.S. Goreakothi, District-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Pandey For the Respondent/s :

Mr.Sadanand Paswan For the Informant :

Mr. Adarsh Ranjan Mr. Pritish Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 18.08.2023 passed by learned Additional Session Judge-I-cum-Special Judge, Siwan whereby the prayer for bail of the appellant in connection with Goreakothi P.S. Case no. 207 of 2023 under Sections 302, 120(B) and 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/2(v) of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.4172 of 2023(4) dt.11-01-2024 2/3

3. It is a case of commission of murder of the informant's son by the accused persons including the appellant.

4. It is submitted by learned counsel for the appellant that appellant is innocent and has committed no offence. He has been falsely implicated in this case. As per F.I.R., only the allegation against the appellant is that he acted as a liner of the alleged occurrence and except this nothing against the appellant. The specific allegation of opening fire is against the other co-accused persons namely, Rju Dubey, Jitu Mishra and Pappu Kumar. 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. The appellant has got no criminal antecedent and languishing in judicial custody since 22.07.2023.

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 18.08.2023 is hereby set aside.

Patna High Court CR. APP (SJ) No.4172 of 2023(4) dt.11-01-2024 3/3 7.The appellant is directed to be enlarged on bail in connection with Goreakothi P.S. Case No. 207 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 Additional Sessions Judge-I-cum-Special Judge, Siwan.

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