Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1066 of 2023 Arising Out of PS. Case No.-49 Year-2014 Thana- RAMPUR CHAURAM DistrictJehanabad ====================================================== Gopal Singh S/O Late Lekha Singh Resident Of Village- Khamaini, P.S.- Rampur Chouram, District- Arwal.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjay Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

In view of the earlier order dated 03.05.2023, the informant was informed about his appearance in this case by the learned Special P.P. for the State, but nobody has entered appearance on his behalf.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 03.01.2023, passed by learned A.D.J.1-cum-Special Judge, SC/ST Act, Jehanabad in connection with Rampur Chauram P.S. Case No. 49 of 2014, registered under Sections 341, 323, 504, 379/34 of the IPC and Sections 3(i) (x) of SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the

Patna High Court CR. APP (SJ) No.1066 of 2023(3) dt.28-06-2023 2/2 appellant to abuse the informant by taking caste name. He submits that after investigation, police submitted final form but the learned court below has taken cognizance against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal. However, learned Special P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the appellant, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Additional District and Sessions Judge 1-cum-Special Judge SC/ST, Jehanabad in connection with Rampur Chauram P.S. Case No. 49 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and the appeal is allowed.

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