Anil Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1788 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- BANIAPUR District- Saran ====================================================== Anil Kumar Rai S/O Bhikhari Rai R/O Village-Ramdhanao, P.S-Baniyapur, District-Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Kumar Sinha- Advocate For the Respondent/s :

Mr. Bharat Bhushan- S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-07-2021 Heard Mr. Anil Kumar Sinha, the learned Advocate for the appellant and Mr. Bharat Bhushan, the learned Special Public Prosecutor for the State.

The appellants have challenged the order dated 28.01.2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Saran at Chapra in connection with Baniyapur P. S. Case No.73 of 2020, instituted for the offences under Sections 341, 353, 323, 332, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected. The appellant and another are said to have assaulted the local Chowkidar and also demeaned him by

Patna High Court CR. APP (SJ) No.1788 of 2021(2) dt.13-07-2021 2/2 taking his caste name.

It has been submitted on behalf of the appellant that no such occurrence ever took place as has been reported. The accusation is general and omnibus in nature and only because the Chowkidar had some dispute with the appellant in the past that he has lodged this false case. Regard being had to the afore-stated facts, the order dated 28.01.2021, referred to above, is set-aside. The appeal stands allowed.

The appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST (POA) Act, Saran at Chapra in connection with Baniyapur P. S. Case No.73 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) vikash/- U T