Kamlesh Singh @ Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4226 of 2024 Arising Out of PS. Case No.-341 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Kamlesh Singh @ Bhulla S/o Jogeshwar Singh Resdient of VillageNayanagar, PS- Hasanpur, District- Samastipur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Phool Kumar Paswan S/o Prasadhi Paswan R/o vill - Purpathar, P.S. - Chorahi, Distt. - Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Informant Mr. Rishi Raj Raman, Adv.

For the State :

Mr.Sadanand Paswan, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor for the State.

2. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 23.07.2024, passed by learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in connection with Khodawandpur P.S. Case No. 341 of 2022, registered under Sections 147, 364, 376D, 302, 201 and 149 of the IPC, Sections 3(2)(v) of SC/ST Act.

3. Petitioner along with other accused persons are said to

Patna High Court CR. APP (SJ) No.4226 of 2024(3) dt.21-02-2025 2/2 have committed rape with the wife of the informant and ultimately kill her.

4. Learned counsel for the appellant submits that the appellant is innocent and has not committed any offence. He submits that during trial the informant has not supported the prosecution case. This fact has not been denied by the learned counsel for the informant. He submits that there is no eye witness except the informant. He further submits that appellant has one criminal antecedent as stated in para-3 of this appeal and he is languishing in judicial custody since 28.05.2024.

5. Learned Spl. PP for the State and informant opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA) Act, Begusarai in connection with Khodawandpur P.S. Case No. 341 of 2022.

7. Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T