Anant Kumar @ Akhilesh Kumar @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1427 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- NAYAGAON District- Begusarai ====================================================== Anant Kumar @ Akhilesh Kumar @ Anand Kumar Son Of Vipin Kumar @ Vipin Singh Village Gorgama, Police Station Nayagaon, District Begusarai ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sandip Kumar Gautam, Adv.

For the Respondent/s :

Mrs. Usha Kumari, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2021 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of bail vide order dated 15.01.2021 passed by learned Special Judge, SC/ST Act, Begusarai in connection with Nayagoan P.S. Case No. 39 of 2020 registered under Sections 147, 148, 149, 341, 323, 385, 307, 379 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant is of assaulting and snatching Rs. 5000/- and golden chain from the neck of the brother of the informant.

Patna High Court CR. APP (SJ) No.1427 of 2021(2) dt.05-03-2021 2/2 It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated in this case. He submits that allegation levelled against the appellant is not specific rather general and omnibus in nature. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. App. No. 2065 of 2020 on 20.02.2021. He further submits that appellant is languishing in judicial custody since 07.12.2020.

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

In the facts and circumstances of the case, the above named appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Begusarai in connection with Nayagoan P.S. Case No. 39 of 2020.

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

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