Siyawar Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5215 of 2023 Arising Out of PS. Case No.-50 Year-2022 Thana- MAIGRA District- Gaya ====================================================== SIYAWAR KUMAR RAJAK SON OF RAM KRIT RAJAK RESIDENT OF VILLAGE- PHULWARIYA P.S. DUMARIYA, DISTRICT- GAYA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

ARJUN DAS SON O PARMESHWAR DAS RESIDENT OF VILLAGEPANCHMAH, P.S. MAIGRA, DISTRICT- GAYA (BIHAR) ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shailesh Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Heard learned counsel for the appellant and learned Special APP for the State.

2. The appellant is apprehending arrest in connection with Maigra P.S. Case No. 50 of 2022 lodged on 06.11.2022 for offences punishable under Section 147, 148, 149, 447, 448, 436, 427, 379, 382, 307, 341, 302, 120B of the Indian Penal Code and Section 3⁄4 of DAIIN Act, Section 3(i)(r) (s)(v)(z-b), 3(2) (iii)(iv)(v)(v-a) of Schedule Case and Schedule Tribe (POA) Act

3. The present appeal has been filed for setting aside the order dated 29.09.2023 passed by Exclusive Special Judge SC/ST Special Court Gaya passed in A.B.P. No. 324 of 2023 arising out of Maigra P.S. Case No. 50/2022.

Patna High Court CR. APP (SJ) No.5215 of 2023(5) dt.05-07-2024 2/3

4. Counsel for the appellant submits that the present F.I.R. has been lodged against 200 unknown and 64 unnamed person with allegation that son of the accused namely Chandradeo Bhuyian had died due to witchcraft performed by the wife of the informant which led to committing murder of the informant wife. Counsel further submits that appellant is innocent and committed no offence. He submit that appellant possesses no criminal antecedents. He submits that from the bare perusal of the F.I.R., it become crystal clear that the allegation is general and omnibus against the series of accused persons and only material come against the petitioner is that the petitioner along with the others were present at the place of occurrence.

5. Counsel for the appellants submits that the other accused persons have been granted bail by this Court vide order dated 12.06.2023 passed in Cr. Misc. No. 18556 of 2023.

6. Learned Special PP opposes the prayer for prearrest bail and submits that allegation is general and omnibus and against huge number of persons.

8. Considering the nature of allegation made in the F.I.R. that there is general and omnibus allegation, let the above named appellant be released on bail, in the event of arrest of

Patna High Court CR. APP (SJ) No.5215 of 2023(5) dt.05-07-2024 3/3 surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Court Special Judge SC/ST Special Court Gaya subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U