Angad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.965 of 2023 Arising Out of PS. Case No.-704 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Angad Kumar Son Of Bali Singh @ Rambali Singh R/O Vill.- Baliyari, P.S.- Masaurhi, Distt.- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Lakshmi Devi Son Of Sohan Chaudhary R/O Vill.- Baliyari, P.S.- Masaurhi, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Madhu Prasun For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

In view of the earlier order dated 03.05.2023, the informant was informed about his appearance in this case by the learned Special P.P. for the State, but nobody has entered appearance on his behalf.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 16.01.2023, passed by learned Special Judge, SC/ST, Patna in connection with Masaurhi P.S. Case No. 704 of 2022, registered under Sections 147, 148, 341, 323, 504, 506, 379, 354B of the IPC and Sections

Patna High Court CR. APP (SJ) No.965 of 2023(4) dt.28-06-2023 2/3 3(i) (r) (w) of SC/ST Act.

The appellant along with other accused persons are said to have assaulted the son of the informant. They also abused her by taking caste name and took away Rs. 25,000/- from her house.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that the majority of persons who are made accused in the present case are members of scheduled caste category. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. He submits that there is general and omnibus allegation levelled against the appellant. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal. However, learned Special P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. APP (SJ) No.965 of 2023(4) dt.28-06-2023 3/3 learned Special Judge, SC/ST, Patna in connection with Masaurhi P.S. Case No. 704 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 the appeal is allowed.

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