Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.523 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Santosh Sah S/O Bansidhar Sah R/O Village- Baradhi, P.S- Sasaram(M), Distt.- Rohtas At Sasaram.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Shivloachan Paswan S/O Ram Lakhan Paswan R/O Village- Baradhi, P.SSasaram(M), Distt.- Rohtas At Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Deovind Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Despite filing Vakalatnama, none appears on behalf of the respondent No. 2.

2. Heard learned counsel for the appellant and the State.

3. This criminal appeal has been filed against the order dated 05.01.2024 passed by learned Additional District Judge, XVII cum Exclusive Special Judge, SC/ST, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 435 of 2023, registered under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No.523 of 2024(3) dt.19-09-2024 2/3 appellant has been rejected.

4. Allegation against the appellant and other accused persons is that they assaulted informant and his family members by means of axe, lathi, danda and iron rod and abused them by caste name.

5. Learned counsel for the appellant submits that due to petty dispute, simple occurrence of maar-peet took place between the parties in which both sides sustained injuries. Specific accusation of assault is against co-accused Mithilesh Kumar and Anup Kumar. Allegation of assault against appellant is general and omnibus. F.I.R. does not disclose presence of any member of public when the incident occurred, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, XVII cum Exclusive Special Judge, SC/ST,

Patna High Court CR. APP (SJ) No.523 of 2024(3) dt.19-09-2024 3/3 Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 435 of 2023.

8. Accordingly, this criminal appeal is allowed and impugned order dated 05.01.2024 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) Navya/- U T