Chhotu Ram @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.6 of 2019 Arising Out of PS. Case No.-358 Year-2015 Thana- MASAUDHI District- Patna ====================================================== Chhotu Ram @ Kundan Kumar son of Baiju Ram @ Shiddhnath Prasad resident of village-Noora, P.S- Masaurhi, Dist- Patna ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prabhash Ranjan Thakur For the Respondent/s :
Smt Usha Kumari No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-06-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.
This appeal is directed against the order dated 24.11.2018 passed by 4th Additional Sessions Judge-cumSpecial Judge, Patna (SC/ST Act) in A.B.P. No. 8141 of 2018 in connection with Masaurhi P.S. Case No. 358 of 2015 registered under sections 307, 427, 323/34 of the Indian Penal Code and Sections 3(1)(X) of the S.C. and S.T. (Prevention of Atrocities) Act.
Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case. The allegations levelled are general and omnibus in nature against all the accused persons and there is nothing
Patna High Court CR. APP (SJ) No.6 of 2019(6) dt.18-06-2019 2/2 specific alleged against this appellant. Moreover, similarly situated co-accused persons have been granted bail by a coordinate Bench of this Court vide order dated 06.12.2018 passed in Cr. Appeal (SJ) No. 3490 of 2018. Learned counsel has produced web copy of the aforesaid order. Let it be kept on record.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge-cumSpecial Judge, Patna (SC/ST Act) in connection with Masaurhi P.S. Case No. 358 of 2015 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J) mcv/- U T