IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1968 of 2020

Arising Out of PS. Case No.-14 Year-2020 Thana- NTPC District- Patna

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1.

RAJEEV KUMAR Son of Rambalak Singh

2.

Sudhir Kumar Son of Rambalak Singh

Resident of - Panchmalla Railley, P.S. N.T.P.C., District Patna.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Manoj Kumar Pandey

For the Respondent/s

:

Mr. Spl.P.P.

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

3

29-01-2021

Heard learned counsel for the appellants and learned

Special P.P. for the State.

The present appeal has been filed against the order

dated 20.08.2020 passed by learned ADJ XXI cum Special

Judge, SC/ST, Patna, in connection with NTPC (Barh) P.S. Case

No. 14/2020 registered for the offences punishable under

Sections 302/120(B)/34 of the Indian Penal Code and Sections

3(i)(r)(s)/3(2-va) of the Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Act, whereby the prayer for

anticipatory bail of appellants was rejected.

As per the prosecution case, on 04.03.2020, informant

got information on her mobile phone that a person has been

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taken to Sub-Divisional Hospital, Barh, from whose pocket,

mobile number of his son has been found. Thereafter, she along

with family members rushed to the hospital and identified her

deceased husband. It is alleged that due to previous rivalry

between the appellants and the husband of the informant

(deceased) with regard to P.D.S. dealership, she claims that her

husband has been killed by these appellants.

It is submitted on behalf of the appellants that these

appellants have been falsely implicated in this case due to

business rivalry as the PDS dealership of husband of the

informant was cancelled on an application filed by these

appellants. It is further submitted that there is no eye-witness to

the occurrence and no incriminating material has come against

them, save and except, suspicion.

Considering the aforesaid facts and circumstances as

well as nature of allegation, the impugned order dated

20.08.2020 passed by learned ADJ XXI cum Special Judge,

SC/ST, Patna, in connection with NTPC (Barh) P.S. Case No.

14/2020 is set aside and appeal is allowed.

Accordingly, let the appellants, above named, in the

event of arrest or surrender within a period of eight weeks from

the date of receipt/production of a copy of this order, be

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enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

thousand) each with two sureties of the like amount each to the

satisfaction of learned ADJ XXI cum Special Judge SC/ST Act,

Patna, in connection with NTPC (Barh) P.S. Case No. 14/2020.

Saif/-

(Prabhat Kumar Singh, J)

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