Patna High CourtCR. APP (SJ)/4418/2023allowed

Ranvir Kumar v. The State Of Bihar

2023-10-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4418 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- SC/ST District- Lakhisarai ====================================================== RANVIR KUMAR SON OF JAHO YADAV RESIDENT OF NAYA TOLA, WARD NO.1, P.S. - LAKHISARAI, DISTRICT - LAKHISARAI ... ... Appellant/s

Versus

The State Of Bihar 2.

Sonu Kumar Son Of Bhasho Choudhary Resident Of Purani Bazar, Ward No.9, P.S. - Lakhisarai, District - Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manoj Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 04.07.2023 passed by learned Special Court SC/ST Act, Lakhisarai whereby the prayer for bail of the appellant in connection with Lakhisarai SC/ST P.S. Case No. 33 of 2023 under Sections 323, 308, 379, 504, 506 and 34 of the Indian Penal Code and sections 3(i) (r) (s)/3(2) of SC/ST Act was rejected.

3. Allegation against the appellant along with other co-accused persons is that they assaulted the informant by means of iron rod and lathi due to which he became

Patna High Court CR. APP (SJ) No.4418 of 2023(2) dt.16-10-2023 2/3 unconscious. It is further alleged that they abused him by his caste name and also snatched Rs. 8,000/- from him.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to village politics. 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. There is no specific overt act of assault against the appellant rather general and omnibus allegation has been levelled against him. A statement has been made in para-3 of this petition that the appellant has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.05.2023

5. The appeal for bail is opposed by learned Spl. P.P. for the State.

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 04.07.2023 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with Lakhisarai SC/ST P.S. Case No. 33 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten

Patna High Court CR. APP (SJ) No.4418 of 2023(2) dt.16-10-2023 3/3 thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Court SC/ST Act, Lakhisarai.

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