AMRENDRA KUMAR 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. 10/12/2021 passed by the learned First Additional Sessions Judge-IIIrd-cum-Special Judge, SC/ST Act, Biharsharif (Nalanda) arising out of Harnaut P.S. Case No. 177 of 2021 registered under Ss. 147, 148, 149, 302 of the Indian Penal Code 27 Arms Act and Sec. 3(2)(v) of the SC and ST Act whereby and whereunder the prayer for bail of the appellant was rejected.

(2.) As per prosecution case, informant was sitting at the door of his house then after hearing hulla from east side of his village, informant arrived at the place of occurrence and saw that petitioner alongwith other co-accused persons being armed with rifle, pistol and lathi in their hand was present there and due to previous enmity, on the order of co-accused Mallu Rai, Shishupal Kumar fired upon the informant's brother namely Hira Paswan which hit the eye of informant's brother and informant's brother died on the spot.

(3.) Learned counsel for the appellant submits that appellant is in custody since 5/10/2021. Appellant bears no 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 is only member of mob. There is no specific allegation against the appellant. There is allegation of one shot firing upon informant's brother against co-accused Shishupal Kumar which is apparent from the perusal of F.I.R. itself. In view of the matter no case under Sec. 302 of the I.P.C. will be made out against the appellant as the appellant is not responsible for causing murder to the informant's brother. No case is made out under Sec. 3(2)(v) of the SC/ST Act as the allegation alleged in the F.I.R. against the appellant. There is no overt-act against the appellant. Learned counsel further submits that even there is no specific allegation of carrying arms against the appellant as alleged in the F.I.R. except he is a member of mob. Co-accused Raj Kumar Ram alias Raj Kumar and Dinesh Ram have already been granted bail vide Cr. Appeal (SJ) No. 3883 of 2021 by the co-ordinate bench of this Court as mentioned at Annexure-2 of the bail petition and the case of present appellant is stands on similar footing. The learned Spl.P.P. for the State and learned counsel for the Respondent No. 2 vehemently oppose the prayer for bail of the appellant .