Arbind Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1914 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- SC/ST District- Rohtas ====================================================== Arbind Dubey Son Of Deo Muni Dubey R/O Village- Kathdihari, P.S.- Sasaram (M), District- Rohtas.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Choubey Jawahar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2021 Heard learned counsel for the appellant and learned APP for the State.

Learned counsel for the appellant is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The appellant has challenged the order dated 15.01.2021 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 32 of 2020 instituted for the offences under Sections

Patna High Court CR. APP (SJ) No.1914 of 2021(2) dt.01-11-2021 2/3 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby the prayer for being released on anticipatory bail has been rejected. Learned counsel for the appellant submits that the allegation against the appellant is omnibus and general and the injuries have been found to be simple in nature as gets reflected from the impugned order of the learned Court below. Moreover, the occurrence has not been committed in public view, hence the provisions of the SC/ST Act shall not be attracted. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 15.01.2021. The appeal is hereby allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on his

Patna High Court CR. APP (SJ) No.1914 of 2021(2) dt.01-11-2021 3/3 furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 32 of 2020. (Sunil Kumar Panwar, J) Shageer/- U T