Uma Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.269 of 2022 Arising Out of PS. Case No.-110 Year-2021 Thana- BHELDI District- Saran ====================================================== Uma Shankar Rai Son Of Hardip Rai R/O Village- Umarpur, P.S.- Bheldi, District- Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Alok Kumar Alok For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 25.11.2021 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Bheldi P.S. Case No. 110 of 2021 instituted for the offences punishable under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby his prayer for being released on anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.269 of 2022(2) dt.07-07-2022 2/3 The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated and in this case and in the background of some previous dispute, the present case has been lodged. As per F.I.R, the occurrence took place in the in the field of the informant, not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. A statement has been made in para 3 of the petition that appellant has no criminal antecedent. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 25.11.2021 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Saran at Chapra.

Accordingly, this appeal is allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.269 of 2022(2) dt.07-07-2022 3/3 within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Saran at Chapra in connection with Bheldi P.S. Case No. 110 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T