Dhaneshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.47 of 2020 Arising Out of PS. Case No.-33 Year-2019 Thana- SC/ST District- Banka ====================================================== Dhaneshwar Sharma Son of Late Prasadi Sharma Resident of Village - Maheshadih, P.S.- Banka, Distt.- Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Brij Nandad Prasad, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2020 This matter has been taken up in virtual Court proceeding.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 22.11.2019 passed by the learned Additional Sessions Judge I-cum-Special Judge (S.C./S.T. Act), Banka, in connection with SC/ST Police Station Case No.33 of 2019, registered under Sections 341/323/379/504/506/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes

Patna High Court CR. APP (SJ) No.47 of 2020(2) dt.15-12-2020 2/3 (Prevention of Atrocities) Act, 1989.

Appellant and other co-accused are co-villagers of the informant. When informant was returning back to his house, the appellant allegedly committed abuse and assault as well as theft.

Learned counsel for the appellant submits that the FIR would reveal that no one was there at the time of occurrence. Hence, the occurrence did not take place in public view. Moreover, due to village politics false allegation is there. The appellant has got no criminal antecedent. He is aged about 60 years.

Considering the facts of this case aforesaid it is evident that non-grant of protection to the appellant would amount to failure of justice. Hence, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the

Patna High Court CR. APP (SJ) No.47 of 2020(2) dt.15-12-2020 3/3 appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- U T