KANHAIYA KUMAR DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the appellant and learned Spl. P.P. for the State as well as learned counsel for the informant. The instant appellant has filed the instant appeal against the order dtd. 20/1/2022 passed by the learned Additional Sessions Judge-IIIrd-cum-Special Judge, Schedule Caste and Schedule Tribes (Prevention and Atrocities) Act, Saharsa in connection with Special Case No. 60 of 2021 arising out of Saharsa Sadar P.S. Case No. 461 of 2021 registered under Ss. 147, 148, 149, 341, 323, 307, 447, 429, 504 And Under Sec. 3(I) (R)(S) Of Sc/St Act whereby and whereunder the prayer for bail of the appellant was rejected.

(2.) As per prosecution case, 14 accused persons including appellant and 5-10 unknown person came with arms in their hands and started firing indiscriminately for 20-25 minutes. It is further alleged that father in law of informant sustained gun shot injury in his leg and one buffalo also sustained injury.

(3.) Learned counsel for the appellant submits that appellant is in custody since 9/1/2022. Appellant bears two criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that appellant has falsely been implicated in this case due to land dispute. There is no specific allegation against the appellant in F.I.R. Allegation against the appellant is general and omnibus in nature. There is a case and counter case between the parties for the same date of occurrence, in this context, facts are generally exaggerated. Co-accused Manoj Dubey and Pawan Dubey have already been granted bail vide Cr. Appeal (SJ) No. 3599 of 2021 by a co-ordinate bench of this Court and the case of present appellant stands on similar footing. The learned Spl.P.P. for the State vehemently opposes the prayer for bail of the appellant.