Md. Dilshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1016 of 2018 Arising Out of PS. Case No.-433 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== Md. Dilshad, Son of Abdul Razik, Village- Islampur, Tola- Kachiharipur, P.S.- Baspatti, District- Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arvind Kumar, Advocate.

For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the appellant and the learned Special P.P. for the State.

2. This criminal appeal, filed under Section 14 A(2) of the SC/ST (Prevention of Atrocities) Act, is preferred against the order dated 27.02.2018 passed by the Ist Additional Sessions Judgecum-Special Judge, Bettiah, West Champaran, by which and whereunder, the prayer for bail of the appellant has been rejected in connection with Ramnagar P.S. Case No. 433 of 2017 registered under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code and Section 3(ii)(v) of the SC/ST Act.

3. The accusation is that informant, Rajan Kumar, on seeing the poster regarding vacancy in UGM Manager Market (Private Company), he entered in the office and found that appellant and Rohit Kumar were preset there and on query, they asked to give the job and took Rs.1150/- from the informant. The informant went at

Patna High Court CR. APP (SJ) No.1016 of 2018(5) dt.12-06-2018 2/2 Gorakhpur on the instruction of appellant and Rohit Kumar for job but informant did not found any company there.

4. Learned counsel for the appellant submits that appellant has falsely been implicated in this case due to ulterior motive and he is in custody since 31.05.2018. It is further submitted that similarly situated co-accused, Rohit Kumar @ Kumar Rohit Raj has already been granted privilege of bail by a Bench of this Court vide order dated 19.02.2018 passed in Criminal Misc. No. 4003 of 2018.

5. Having regard to the facts and circumstances of the case, the impugned order dated 27.02.2018 passed by the Ist Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, is set aside. Let the appellant, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Ramnagar P.S. Case No. 433 of 2017.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T