Ajay Singh @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2960 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -IMAMGANJ District- GAYA ====================================================== Ajay Singh @ Ajay Kumar son of Late Sita Ram Singh, resident of village Lahthua, P.S. Mohanpur, District Gaya .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Santosh Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The appellant seeks pre arrest bail in connection with P.S.Case No.67 of 2017 registered for offences punishable under Sections 341, 447, 323, 504, 506 and 34 of the Indian Penal Code and section 3(1) (x) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellant is of abusing the informant by taking caste name but no specific caste name has been mentioned in the FIR.

Submissions of the learned counsel for the appellant is that he has been falsely implicated in this case and no such occurrence has taken place and even no specific allegation of abusing by taking caste is against the appellant. Heard learned Special P.P. also.

Having considered both sides and in view of the

Patna High Court CR. APP (SJ) No.2960 of 2017 (2) dt.16-10-2017 2/2 submission, this appeal is allowed.

Let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, 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 Special Judge, S.C./S.T.,Gaya in connection with Imamganj P.S.Case NO.67 of 2017 subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 13.09.2017 passed by the learned Spl. Judge, SC/ST, Gaya in Imamganj P.S. Case No.67 of 2017, subject to further conditions that appellant will co-operate in investigation of the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled.

With the above observation, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- U T