Ramu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1744 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- DIGHWARA District- Saran ====================================================== RAMU RAY Son of Umesh Rai Resident of Village - Tarwan, P.S.- Dighwara, District - Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Indu Bhushan For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2021 Heard Mr. Indu Bhushan, learned counsel for the appellant and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

The appellant has challenged the order dated 25.11.2020 passed by the learned 1st Additional Sessions Judge -cum-Special Judge SC/ST (POA) Act, Saran at Chapra in A.B.P. No. 2711 of 2020 arising out of Dighwara P.S. Case No. 145 of 2020, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 504, 379 and 506 of the Indian Penal Code and Section 3(v)(s) of SC/ST (POA) Act has been rejected.

Patna High Court CR. APP (SJ) No.1744 of 2021(2) dt.13-07-2021 2/3 In the F.I.R, the accusation has been levelled against fifteen persons of having assaulted and abused the informant and other members of his family. The appellant has not been specifically alleged to have done anything. The accusation of assault on the victims is attributed to two other persons.

The appellant is stated to be prosecuting his studies and is a person of tender age.

It has been submitted that the appellant has unnecessarily been made accused in this case with the allegation of SC/ST (POA) Act, which is not at all made out from the facts of this case.

For the reasons afore-stated, the order dated 25.11.2020 passed by the learned 1st Additional Sessions Judge -cum-Special Judge SC/ST (POA) Act, Saran at Chapra so far appellant is concerned, is set aside. The appellant, above named, is directed to be released on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt /production of a copy of this order on his

Patna High Court CR. APP (SJ) No.1744 of 2021(2) dt.13-07-2021 3/3 furnishing bail bonds in the sum of Rs. 10,000 (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned st Additional Sessions Judge -cumSpecial Judge SC/ST (POA) Act, Saran at Chapra in connection with Dighwara P.S. Case No. 145 of 2020. (Ashutosh Kumar, J) sunilkumar/- U T