Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1984 of 2021 Arising Out of PS. Case No.-27 Year-2019 Thana- SC/ST District- Purnia ====================================================== 1.

ASHOK SINGH Son of Late Chhathu Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea. 2.

YOGENDRA SINGH Son of Late Chhathu Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea. 3.

BINOD SINGH Son of Yogendra Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea.

4.

RAVINDRA SINGH Son of Yogendra Singh Resident of Village - Maharajpur, P.S. - Sadar (Muffasil), District - Purnea. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Banji Tuddu Jaddu Soren R/O-Mahrajpur Besbar,P.S-Sadar Muffasil,District-Purnea ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ram Prawesh Kumar For the Respondent/s :

Mr. Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. This appeal has been preferred against the order dated 11.02.2021 passed by learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), Purnea in connection with SC/ST Case No. 27 of 2019 registered under Sections 354(B), 120(B) and 34 of the Indian Penal Code and Sections 3(i)(r)(s) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No.1984 of 2021(4) dt.18-05-2023 2/2 the appellants has been rejected.

Learned counsel for the appellants submits that the appellant is innocent and has falsely been implicated in the present case on account of personal grudge. In the instant case, the complaint case is lodged after lapse of six months of the alleged occurrence. Further he submits that the appellants have no criminal antecedent.

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bonds to the satisfaction of Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Purnea in connection with SC/ST Case No. 27 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the impugned order is set aside and the appeal is allowed.

(Arvind Srivastava, J) shailendra/- U T