Anshu Kumar @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.13 of 2020 Arising Out of PS. Case No.-812 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== ANSHU KUMAR @ VISHAL KUMAR Son of Birendra Kumar Sinha Resident of Mohalla-Ram Krishna Nagar, Sheikhpura, P.S.-Ram Krishna Nagar, District-Patna.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kaushal Kishore Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard the parties.

The matter relates to grant of anticipatory bail to the appellant in connection with Ram Krishna Nagar P.S. Case No. 812 of 2019 registered for the offences under Sections 341, 323, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act.

Allegedly, while the informant was going to catch the train of Dhanbad with his relative at 10.00 P.M. in that course, the accused persons abused calling his caste name and on

Patna High Court CR. APP (SJ) No.13 of 2020(2) dt.14-12-2020 2/3 protest, he was assaulted with lathi and rod. It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. General and omnibus allegation has been made against the appellant. No specific overt act is alleged against the appellant. The specific allegation is against Mithu Kumar and Sonu Kumar. The alleged occurrence has not taken place within public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 04-12-2019 passed by learned Additional District & Sessions Judge-XX-cum-Special Judge, SC/ST Act, Patna in Ram Krishna Nagar P.S. Case No. 812 of 2019 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court CR. APP (SJ) No.13 of 2020(2) dt.14-12-2020 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions JudgeXX-cum-Special Judge, SC/ST Act, Patna in connection with Ram Krishna Nagar P.S. Case No. 812 of 2019.

(Sudhir Singh, J) A.K.V.//- U T