Chanchal Shahi @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.711 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- RASULPUR District- Saran ====================================================== CHANCHAL SHAHI @ SANJEEV KUMAR Son of Nand Kishore Shahi Resident of Village - Deopura, Police Station - Rasulpur, District - Saran. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Bhagwan Prasad Sah Son of Late Raj Kumar Sah Resident of Village - Deopura, Police Station - Rasulpur, District - Saran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dr. Rajesh Kumar Singh For the Respondent/s :

Mr.Binay Krishna Vijay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2022 Heard learned counsel for the appellant, learned Special P.P. for the State and learned counsel appearing on behalf of respondent no. 2.

The present appeal has been filed against order dated 06.01.2022 passed by learned A.D.J.-III-cum-Special Judge, SC/ST Act, Saran in Rasulpur P.S. Case No. 222 of 2021 registered for the offence punishable under Sections 341, 323, 504, 354(b) of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (POA) Act (for short "SC/ST Act"), whereby the prayer for anticipatory bail of appellant was rejected.

As per F.I.R., this appellant is alleged to have inflicted knife blow on the right hand of informant.

Patna High Court CR. APP (SJ) No.711 of 2022(3) dt.07-12-2022 2/2 Injury is simple in nature. There is no allegation of abuse against this appellant and as such, no case under the SC/ST Act is made out. Appellant has got clean antecedent. Learned Special P.P. as well as learned counsel for the respondent no. 2 vehemently opposes the appeal. Considering the aforesaid facts and circumstances, the impugned order dated 06.01.2022, so far as this appellant is concerned, is, hereby, set aside and appeal is allowed. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the above-named appellant be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III-cum-Special Judge, SC/ST Act, Saran in connection with Rasulpur P.S. Case No. 222 of 2021. (Prabhat Kumar Singh, J) anay/- U T