Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.544 of 2023 Arising Out of PS. Case No.-34 Year-2019 Thana- SC/ST District- Patna ====================================================== GOPAL SINGH SON OF LATE PARDUMAN PRASAD SINGH RESIDENT OF VILLAGE BABU TOLA BANK, P.S. BANK, DISTRICT BANKA.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sabal Kumar Jha, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

In compliance of the order of this Court, learned Spl.P.P. for the State informed the informant of this case about her appearance in the appeal but nobody appears on her behalf. 3.

This is an appeal under section 14(A) 2 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 12.12.2022, passed by learned Exclusive Special Judge, SC/ST Act, Patna, in connection with SC/ST P.S. Case No.34 of 2019, registered under sections 341, 323, 354, 504, 34 of the IPC and sections 3(i)(s)/3(3)(ra) of the SC and ST Act, 2016.

Patna High Court CR. APP (SJ) No.544 of 2023(4) dt.22-11-2023 2/3 4.

The accusation against the appellant and other accused persons is of making assault and abusing the informant by taking caste name.

5.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence in the manner as alleged has ever taken place. Appellant has been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellant as there is no specific overt act against him to abuse the informant by taking caste name. Appellant has no criminal antecedent and several similarly situated co-accused has been granted anticipatory bail by coordinate Benches of this Court vide Cr. Appeal (SJ) No.1256 of 2020 dated 23.02.2021 and Cr. Appeal (SJ) No.302 of 2022 dated 07.07.2022.

6.

Learned Spl. PP for the State opposed the prayer for bail. 7.

Considering the facts and circumstances of the case, since similarly situated co-accused have been granted bail, the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two

Patna High Court CR. APP (SJ) No.544 of 2023(4) dt.22-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Patna, in connection with SC/ST P.S. Case No.34 of 2019, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

8.

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

(Anjani Kumar Sharan, J) pallavi/- U T