Patna High CourtCR. APP (SJ)/114/2024bail granted

Aaditya Kumar @ Aaditya Thakur @ Molu v. The State Of Bihar

2024-04-25Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.114 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Aaditya Kumar @ Aaditya Thakur @ Molu Son of Vipin Kumar @ Vipin Thakur R/o Pojhiyan, P.S. - Lalganj, Distt. - Vaishali ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 19.10.2023 passed by learned Exclusive Special Judge SC / ST Act - cum - Additional District and Sessions Judge, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 168 of 2023 registered under Sections 302, 216, 120(b) / 34 of IPC and Section 25(1-b)a / 27 and 35 of the Arms Act and Section 3(2)(va) of SC/ST Act.

3. The allegation against the appellant in the FIR is that, he alongwith other co-accused persons opened fire with pistol on brother of the informant, namely, Rakesh Paswan due to which he sustained injuries.

Patna High Court CR. APP (SJ) No.114 of 2024(3) dt.25-04-2024 2/3

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. He further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant is in custody since 02.07.2023.

5. On perusal of the FIR, case diary, post mortem report and impugned order dated 19.10.2023, it appears that on the basis of written report of the informant Mukesh Paswan FIR was registered against one named accused person, namely, Aditya Kumar (appellant) and three unknown person. On perusal of FIR, it appears that no allegation against the appellant is of fire arm injury and similarly situated co-accused persons have been granted bail by this Hon'ble Court in Cr. Appeal No. 3404 of 2023 vide order dated 30.11.2023.

6. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal.

8. Accordingly, the appeal is allowed and order dated 19.10.2023 passed by learned Exclusive Special Judge SC / ST

Patna High Court CR. APP (SJ) No.114 of 2024(3) dt.25-04-2024 3/3 Act - cum - Additional District and Sessions Judge, Vaishali at Hajipur is hereby set aside.

9. Let the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/ concerned Court in connection with Lalganj P.S. Case No. 168 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T