Gauhar Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.913 of 2024 Arising Out of PS. Case No.-489 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Gauhar Ansari Son of Tahir Ansari @ Tahir Miyan Resident of VillageKhidlichiya, P.S.-Raxaul, District-East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ganesh Paswan Son of Ramesh Paswan Resident of Village-Tumariya Tola Ward No.-01, P.S.-Haraiya O.P. Raxaul, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Abhishek Kumar, Adv.

For the Respondent/s :

Mr.Binay Krishna, SPP For the O.P. No.2 :

Mr. Radha Mohan Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the O.P. No.2/Informant.

2. The instant appeal has been filed by the appellant against the order dated 27.01.2024 passed by learned Special Judge, SC/ST Act, East Champaran at Motihari whereby the prayer for bail of the appellant in connection with Raxaul (Haraiya) P.S. Case No. 489 of 2023 under Sections 3(i)(r)(s), 3(2)(fva) of Sc/ST Act, was rejected.

3. The allegation against the accused persons including the appellant is of assaulting the Informant with knife and iron rod and also taking away Rs. 25,000/- and mobile.

Patna High Court CR. APP (SJ) No.913 of 2024(2) dt.21-03-2024 2/3

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that the allegation made against the appellant is general and omnibus. Charge-sheet has been submitted in this case. He further submits that the Informant has sustained total nine injuries out of which three are grievous in nature and the same are not specifically attributed to the appellant. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 12.01.2024 and has no criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant as also there being no specific allegation against the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 27.01.2024 passed by learned

Patna High Court CR. APP (SJ) No.913 of 2024(2) dt.21-03-2024 3/3 Special Judge, SC/ST Act, East Champaran at Motihari, is hereby set aside.

7. Let the appellant, abovenamed, be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raxaul (Haraiya) P.S. Case No. 489 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T