Adarsh Singh @ Adarsh Kumar Singh @ Anand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.199 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- PANAPUR District- Saran ====================================================== ADARSH SINGH @ ADARSH KUMAR SINGH @ ANAND SINGH S/O Saroj Singh @ Saroj Pratap Singh R/O Village- Chainpur, P.S- Taraiya, District- Saran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dinesh Pashwan S/O Ram Nath Pashwan R/O Village- Bhoraha, P.SPanapur, District- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mukesh Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the appellant and learned APP for the State.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 09.12.2022 in connection with Panapur P.S.Case No. 275 of 2022 registered for the offences punishable under Sections 341 and 307/34 of the Indian Penal Code, Sections 25(1-b)A/26/27/35 of the Arms Act and Sections 3(i)(r)(s) SC and ST (Prevention of Atrocities) Act, whereby the prayer for bail of the appellant has been rejected.

The learned counsel for the appellant has submitted

Patna High Court CR. APP (SJ) No.199 of 2023(3) dt.19-05-2023 2/2 that the allegation against the appellant is general and omnibus. The specific allegation to fire shot is against co-accused Suraj Rai against whom there is allegation of firing shot and making injured Santosh Paswan and Raushan Paswan. He has submitted further that even Raushan Paswan and Santosh Paswan have not received fire-arm injury, rather they have received the injures caused by hard and blunt substance. The appellant is in custody since 18.10.2022 and in all the cases mentioned in paragraph no.3 of the petition, the appellant is on bail. Considering the facts and circumstances, the appeal is allowed and the impugned order dated 09.12.2022 is set aside. Accordingly, the appellant, above-named, shall 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 learned 3rd Addl. Sessions Judge, SC/ST Special Judge, Saran at Chapra in connection with Panapur P.S.Case No. 275 of 2022. (Nawneet Kumar Pandey, J) HR/- U T