Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4549 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- BIKRAM District- Patna ====================================================== Prince Kumar Son of Ajay Singh @ Ajay Sharma Resident of Village - Shahjahanpur, P.S.- Bikram @ Vikram, District- Patna (Bihar) ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shiw Kumar Prabhakar, Advocate For the Respondent/s :
Mr. Binay Krishna, A.P.P.
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the appellant and learned counsel for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the order dated 11.09.2019 passed by the learned Ist Additional Sessions Judge XX cum Special Judge, SC/ST Act, Patna, in Special Case No. 165 of 2019 arising out of Bikram P.S. Case No. 115 of 2019, registered for the offences under Sections 147, 148, 149, 341, 323, 354(a)(b), 307, 302, 365 of the Indian Penal Code and Section 3(2)(v) of Schedule Caste/ Schedule Tribe (Prevention of Atrocities) Act 1989, whereby the prayer of regular bail has been rejected.
Learned counsel for the appellant submits that the present appellant is one of the four persons with whom it is
Patna High Court CR. APP (SJ) No.4549 of 2019(4) dt.28-11-2019 2/3 alleged that the tempo driver had engaged in squabble and some marpit. It is further submitted that though the name of the appellant has figured amongst those five persons, no specific role of any overt act has been attributed to the present appellant. It is further submitted that so far as the allegation of having taken away the husband of the informant is concerned, the appellant has no role in the same. So far as the allegation of having indulged in the act as alleged under Section 354, learned counsel for the appellant submits that the appellant does not belong to the concerned village at all and was never present at the place of occurrence. It is further submitted that the appellant is in custody since 04.05.2019 and is languishing in jail for no fault of him. It is further submitted that co-accused one Jangli Singh has already been granted bail vide order dated 20.11.2019 passed in Cr.App.(SJ) No. 4119 of 2019.
Having considered the aforementioned facts and circumstances of the case, let the appellant, above named, be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XX cum Special Judge, SC/ST Act, Patna in connection with Bikram P.S. Case No. 115 of 2019.
Patna High Court CR. APP (SJ) No.4549 of 2019(4) dt.28-11-2019 3/3 With the aforesaid, the present appeal stands consigned to records.
uma/- (Anjana Mishra, J) U T