Ravi Kumar Sinha @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.560 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Ravi Kumar Sinha @ Ravi Kumar ... ... Appellant/s

Versus

The State of Bihar & Anr.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Praveen Kumar, Advocate For the Respondent/s :

Mr. Usha Kumari 1, Spcl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-02-2024 Heard learned counsel for the appellant, learned Special P.P. Usha Kumari, No. 1 along with learned counsel appearing on behalf of the respondent no. 2.

2. The petitioner apprehends his arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 350 of 2023, registered for the offences punishable under Sections341, 342, 323, 354(A), 504, 34 of the Indian Penal Code along with Sections 3(1)(r)(s) of the SC/ST Act.

3. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is next submitted that on account of dispute relating to selling of land, the present occurrence is alleged to have taken place. It is further submitted that in the nature of allegation, prima facie no offence under the SC/ST Act is

Patna High Court CR. APP (SJ) No.560 of 2024(2) dt.22-02-2024 2/3 made out for the reason that the F.I.R. does not even remotely suggests that the occurrence was witnessed by any independent witness. It is also submitted that the date of occurrence is 04.08.2023 and the F.I.R. came to be instituted on 26.10.2023 that is after a delay of more than two and a half months which casts an aspersion on the case of the prosecution.

4. Learned Special P.P. along with learned counsel appearing on behalf of the respondent no. 2 opposes the appeal but then are not in a position to rebut the submission of the learned counsel for the appellant that the F.I.R. was instituted after two and a half months of the occurrence.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge - III- cum- Special Judge (SC/ST Act), Bhagalpur, where the case is pending/successor court in connection with Mojahidpur (Babarganj) P.S. Case No. 350

Patna High Court CR. APP (SJ) No.560 of 2024(2) dt.22-02-2024 3/3 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) aditi/- U T