Raja Ram @ Raj Tilak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4708 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- NTPC District- Patna ====================================================== RAJA RAM @ RAJ TILAK KUMAR SON OF VIJAY RAM R/O VILLAGE- LAXMIPUR, P.S.- N.T.P.C., DIST.- PATNA ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR 2.
SANJAY PASWAN SON OF LATE RAM LAKHAN PASWAN R/O VILLAGE- LAXMIPUR N.T.P.C., P.S.- N.T.P.C., DIST.- PATNA ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Arun For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 15.09.2023 passed by learned Exclusive Special Court SC/ST Patna whereby the prayer for bail of the appellant in connection with NTPC P.S. Case no. 57 of 2023 under Section 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code, and sections 3(i)(r)(s), 3(2)(v) of SC/ST Act was rejected.
3. According to prosecution case, the informant alleged that the appellant and co-accused persons armed with various weapons assaulted him due to which he sustained
Patna High Court CR. APP (SJ) No.4708 of 2023(4) dt.04-01-2024 2/3 injuries. It is further alleged that his family members were also assaulted by the accused persons.
4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. The appellant has not committed any offence rather he has been made accused in this case due to previous drainage dispute. There is general and omnibus allegation levelled against the appellant. As per Injury Report, two lacerated wounds and abrasion were found on the body of the injured and opinion of the same are reserve. No offence is made out under the provisions of the SC/ST Act against him. It is further submitted that the appellant has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.07.2023.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
6. Having heard learned counsel for the parties and considering the aforesaid facts and circumstance of the case, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 15.9.2023 passed in NTPC P.S. Case no. 57 of 2023 is hereby set aside.
7. The appellant is directed to be enlarged on bail in connection with NTPC P.S. Case no. 57 of 2023 on
Patna High Court CR. APP (SJ) No.4708 of 2023(4) dt.04-01-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court SC/ST Patna. (Sunil Kumar Panwar, J) manishkumar/- U T