Md. Naushad @ Md. Naushad Ghani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1523 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== Md. Naushad @ Md. Naushad Ghani Son of Shahzad Ghani Resident of Village- Raniganj, P.S.- Imamganj, District- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.N. A. Shamsi For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2021 Heard learned counsel for the appellant and learned APP for the State.

Learned counsel for the appellant is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The appellant has challenged the order dated 11.01.2021 passed by the learned Special Judge, SC/ST(POA) Act, Gaya in connection with Imamganj P.S. Case No. 181 of 2020 instituted for the offences under Sections 341, 323, 324, 325, 307, 506, 34 of

Patna High Court CR. APP (SJ) No.1523 of 2021(2) dt.01-11-2021 2/3 the Indian Penal Code and Section 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby the prayer for being released on anticipatory bail has been rejected.

Learned counsel for the appellant submits that the allegation against the appellant is omnibus and general. Moreover, the occurrence has not been committed in public view, hence the provisions of the SC/ST Act shall not be attracted.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 11.01.2021. The appeal is hereby allowed. The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST (POA) Act, Gaya in connection with Imamganj P.S. Case No.

Patna High Court CR. APP (SJ) No.1523 of 2021(2) dt.01-11-2021 3/3 181 of 2020.

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