Sanjeet Singh @ Sanjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.537 of 2024 Arising Out of PS. Case No.-736 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Sanjeet Singh @ Sanjeet Kumar S/o- Late Umesh Singh Village- Manaini PsWazirganj Dist- Gaya ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ankar Chaudhary son of Rampravesh Chaudhary village- Manaini PsWazirganj Dist- Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Ms. Preety Kunwar, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Despite valid service of notice, 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 08.01.2024 passed by learned Exclusive Special Judge, SC/ST Special Court, Gaya in ABP No. 451 of 2023 in connection with Wazirganj P.S. Case No. 736 of 2022, instituted under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
Patna High Court CR. APP (SJ) No.537 of 2024(3) dt.19-09-2024 2/3
4. Prosecution case, in brief, is that on 02.12.2022 at about 4:30 PM, while informant was going to the clinic of doctor along with his wife, all the F.I.R. named accused persons including this appellant, armed with deadly weapons, intercepted informant and assaulted them with irod rod, stick, bricks etc. and abused them by caste name.
5. Learned counsel for the appellant submits that allegation of assault and abuse against appellant is general and omnibus. No specific overt act is alleged against appellant. 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 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 learned Exclusive Special Judge, SC/ST Special Court, Gaya in connection with Wazirganj P.S. Case No. 736 of 2022.
8. Accordingly, this criminal appeal is allowed and
Patna High Court CR. APP (SJ) No.537 of 2024(3) dt.19-09-2024 3/3 impugned order dated 08.01.2024 is set aside with respect to this appellant only.
(Prabhat Kumar Singh, J) Navya/- U T