Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.875 of 2022 Arising Out of PS. Case No.-370 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== SUBODH KUMAR Son of Sri Haridwar Prasad Resident of Village - Dakhinganwa Tola Sinduari, P.s.- Wazirganj, Distt.- Gaya. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Gopal Das Late Rajo Das Resident of Village-Purra, P.S.-Wajirganj, DistrictGaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-10-2022 The learned counsel for the appellant is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the appellant as well as the learned counsel for the informant.

This appeal has been preferred on behalf of the appellant under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for setting aside the order dated 18.02.2022, passed by the learned Exclusive Special Judge, SC/ST, Gaya in connection with Wazirganj P.S. Case No. 370 of 2021, registered for offence punishable under sections 341, 323, 379, 504/34 of the Indian

Patna High Court CR. APP (SJ) No.875 of 2022(4) dt.11-10-2022 2/3 Penal Code and sections 3 (1) (r) (s), 3(2) (va) of the SC/ST (POA) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

As per allegation, the appellant Subodh Kumar and his brother Pramod Kumar stopped the informant, who was going by motorcycle. They abused him and also assaulted him. They pointed revolver at his temporal region and snatched Rs.1,700/-. There is also allegation that the accused persons asked the informant to vacate his land.

The learned counsel for the appellant has submitted that there is land dispute between the informant and the appellant. The appellant is a person of clean antecedent and the injuries are simple in nature.

On the other hand, the learned counsel for the informant has opposed the prayer for bail by submitting that there is specific allegation against the appellant that he assaulted the informant and abused him by calling his caste name. Considering the fact that there is land dispute between the parties and also considering that the appellant is a person of clean antecedent, the appeal is allowed and the impugned order dated 18.02.2022 is set aside.

Accordingly, the appellant, in the event of arrest or

Patna High Court CR. APP (SJ) No.875 of 2022(4) dt.11-10-2022 3/3 surrender before the court below within four weeks from today, is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Wazirganj P.S. Case No. 370 of 2021. Office shall ensure that all defects are removed by the appellant within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T