Md. Gufran Ansari @ Zivram @ Zivran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4683 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- ALINAGAR District- Darbhanga ====================================================== Md. Gufran Ansari @ Zivram @ Zivran Son Of Md. Zahir Ansari Resident Of Village Alinagar Ps Alinagar Dist Darbhanga ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kameshwar Mahto Son Of Late Shiv Narayan Mahto Resident Of VillageAlinagar, P.S.- Alinagar, District- Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shailendra Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 22.09.2023 passed by learned Exclusively Spl. Judge, SC/ST Act, Darbhanga in BP No. 120 of 2023 whereby the prayer for bail of the appellant in connection with Alinagar P.S. Case no. 50 of 2023 under Section 307 of the Indian Penal Code, Section 27 of the Arms Act and section 3(2) (va) of SC/ST (POA) Act was rejected.

3. As per allegation in the FIR, appellant went to the house of informant for toddy. On refusal to provide toddy at night by the informant, appellant took out his pistol and opened

Patna High Court CR. APP (SJ) No.4683 of 2023(3) dt.18-01-2024 2/3 fire on the back of the informant as a result of which he fell down unconsciously. Appellant fled away from the place of the occurrence after abusing him by taking his caste name.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. During trial, informant was examined as P.W. 03 and in his crossexamination, he turned hostile and he has not supported the prosecution case. No offence is made out under the provisions of the SC/ST Act against them. Appellant is languishing in judicial custody since 20.5.2023.

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 20.09.2023 passed in B.P. No. 120 of 2023 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Alinagar P.S. Case No. 50 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.4683 of 2023(3) dt.18-01-2024 3/3 the learned Exclusive Spl. Judge, SC/ST Act, Darbhanga. (Sunil Kumar Panwar, J) sushma/- U