Patna High Court
Kunal Raj @ Kunal Kumar vs The State Of Bihar on 8 September, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 3273 of 2023
Arising Out of PS. Case No.-396 Year-2022 Thana- KHAJEKALA District- Patna
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KUNAL RAJ @ KUNAL KUMAR S/O BAJRANGI PRASAD @
BAJRANGI MAHTO R/O Mohalla- Mogalpura, Lala Toli, Koiri Tola, P.S-
Khajekalan, Distt.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ritik Kumar S/O Rajesh Chaudhary R/O Mohalla- Mogalpura, Lalal Toli,
P.S- Khajekalan, Distt.- Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Rudra Deo, Advocate
For the S t a t e : Mr Sadanand Paswan, Special PP
For Respondent No 2 : Mr Bindeshwar Prasad Singh, Advocate
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CORAM: HONOURABLE MR JUSTICE RAJIV ROY
ORAL JUDGMENT
Date : 08-09-2023
Heard the parties.
2 This appeal is directed against the order dated
14.06.2023 passed by Incharge Special Judge, SC/ST (POA) Act,
Patna whereby and whereunder the prayer for bail of the appellant
has been rejected in Special (SC/ST) S N Case No 388 of 2022
arising out of Khajekalan PS Case No 396 of 2022 registered for
the offence punishable under Section 307 of IPC, Section 27 of
Arms Act and Sections 3 (i) (r) (s)/3 (2) (Va) of SC/ST (POA) Act.
3 As per the prosecution story, the informant has alleged
that while he was returning from coaching institute, this appellant
started abusing him and on protest, he opened fire which did not
Patna High Court CR. APP (SJ) No.3273 of 2023 dt.08-09-2023
hit him. Upon hearing the sound of firing, people assembled
whereafter he escaped. Accordingly, the FIR.
4 It is the case of the appellant that only to frame the
appellant, the present case has been lodged. The appellant is also a
student, 20 years of age, it is not the case of the informant that any
injury has been inflicted upon him, he is in jail since 03.01.2023
(paragraph 4 of the Memo of Appeal).
5 In this case, notices were issued upon respondent No 2
by an earlier Bench on 28.07.2023 and learned counsel for
respondent No 2 is present.
6 His submission is that due to confusion, the FIR was
lodged. Both belonging to the same place, they have decided to
patch up the matter.
7 So far as the bail part is concerned, taking into account
the fact that the appellant is in custody since 03.01.2023, 20 years
of age and it is not the case that any injury has been inflicted upon
the informant, this Court is inclined to extend him the privilege of
bail.
8 This appeal is allowed and the order dated 14.06.2023
passed by Incharge Special Judge, SC/ST (POA) Act, Patna in
Special (SC/ST) S N Case No 388 of 2022 arising out of
Khajekalan PS Case No 396 of 2022 is set aside.
Patna High Court CR. APP (SJ) No.3273 of 2023 dt.08-09-2023
9 Let the appellant above named be released on bail on
his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
Exclusive Special Court, SC/ST (POA) Act, Patna in Special
(SC/ST) S N Case No 388 of 2022 arising out of Khajekalan PS
Case No 396 of 2022 subject to the following conditions:
(i) One of the bailors should be the
family member of the appellant who shall provide
official document to show his bona fide;
(ii) The appellant shall appear on each
and every date before the trial Court and failure
to do so for two consecutive dates without
plausible reason will entail cancellation of his bail
bonds by the trial Court itself;
(iii) The appellant shall appear before
the concerned police station every fortnight for
next six months to mark his attendance;
(iv) The appellant shall in no way try to
induce or promise or threat the witnesses or
tamper with the evidences, failing which the State
shall be at liberty to take steps for cancellation of
his bail bonds;
(v) The appellant shall desist from
committing any criminal offence again, failing
which the State shall be at liberty to take steps for
cancellation of his bail bonds.
(Rajiv Roy, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.09.2023
Transmission Date 13.09.2023
