Akshay Kumar Vs The State of Bihar

====================================================== Appearance : For the Appellant/s : Mr.Sanchit Singh For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 08-05-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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This is an appeal under Section 14(A)(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 17.12.2024 passed by the learned Additional Sessions judge- VI cum Special Judge, SC/ST (POA) Act, Nalanda, Bihar Sharif arising out of Bihar P.S. Case No. 299 of 2023 dated 30.03.2023 registered for the offence/s punishable u/ss302 read with section 34 of the Indian Penal Code and 3(i) (r)(s) (v), 3(2) (v-a) of the SC/ST (POA) Act.

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As per the prosecution case, the appellant and the

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Patna High Court CR. APP (SJ) No.347 of 2025(4) dt.08-05-2025 2/3

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co-accused persons are alleged to have killed the informant’s son and threw his dead body near the Postmortem house.

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Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under the SC/ST Act. There is general and omnibus allegation against the appellant. Similarly situated co-accused has already been granted bail by the coordinated bench of this Court vide order dated 04.01.2024 passed in Cr. Appeal (SJ) No. 3812 of 2023. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 29.10.2024.

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Learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant.

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In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 17.12.2024 passed by the learned Additional Sessions judge- VI cum Special Judge, SC/ST (POA) Act, Nalanda, Bihar Sharif

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Patna High Court CR. APP (SJ) No.347 of 2025(4) dt.08-05-2025 3/3

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arising out of Bihar P.S. Case No. 299 of 2023, is set aside against the appellant. The criminal appeal is allowed.

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Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions judgeVI cum Special Judge, SC/ST (POA) Act, Nalanda, Bihar Sharif arising out of Bihar P.S. Case No. 299 of 2023, with the condition/s:-

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(i) The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellants are liable to be cancelled.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Akshay Kumar v. The State of Bihar

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Akshay Kumar v. The State of Bihar

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