Bhuneshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.920 of 2023 Arising Out of PS. Case No.-587 Year-2022 Thana- MANER District- Patna ====================================================== Bhuneshwar Mahto S/O Shiv Nandan Mahto Resident Of Village- Ahiyapur, Gyaspur, P.S.- Maner, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Jaggu Choudhary S/O Late Nathun Choudhary Resident Of VillageAhiyapur, Gyaspur, P.S.- Maner, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Amresh Kumar Sinha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

Learned counsel for the State submits that he has complied with the order dated 22.03.2023 but nobody appears on behalf of the respondent no. 2.

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 for anticipatory bail vide order dated 06.01.2023, passed by learned Exclusive Special Court, SC/ST, Patna in Maner P.S. Case No. 587 of 2022 for the alleged offences registered under sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code and section

Patna High Court CR. APP (SJ) No.920 of 2023(3) dt.10-05-2023 2/3 3(1) (r)(s) of the S.C./S.T. Act.

Appellant along with other accused persons are said to have assaulted the informant and his sons and also abused them by taking caste name.

Learned Counsel for the appellant submits that appellant is innocent and has been falsely implicated in the present case. No such occurrence as alleged has ever taken place. There is an admitted land dispute between the parties. There is 21 days delay in lodging the FIR. Learned counsel for the appellant further submits that in view of the judgment of the Hon'ble Apex Court passed in the case of Hitesh Verma Vs. State of Uttarakhand & Another reported in 2020 (10) SCC 710, if there is land dispute between the parties, the appeal for anticipatory bail is maintainable. The appellant has no criminal antecedent.

Learned Spl.PP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is admitted land dispute between the parties, let the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of

Patna High Court CR. APP (SJ) No.920 of 2023(3) dt.10-05-2023 3/3 the like amount each to the satisfaction of the learned Exclusive Special Court, SC/ST, Patna in connection with Maner P.S. Case No. 587 of 2022, subject to the condition as laid down under section 438(2) of the Cr.P.C.

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

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