Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.891 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- SISWAN District- Siwan ====================================================== MANOJ KUMAR SINGH Son of Prabhunath Singh @ Prabhu Singh Resident of Village - Gangpur, P.S.- Siswan, Distt - Siwan. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Chandra Mohan Jha For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2021 Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
Heard the parties.
The matter relates to grant of anticipatory bail to the appellant in connection with Siswan P.S. Case No. 01 of 2020 registered for the offences under Sections 341, 323, 504, 506, 385 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST Act.
Prosecution case in short is that the appellant is posted as Prakhand Sadhan Sevi MDM scheme, Siswan. It is alleged that while the work of rice lifting was going on, the appellant reached there and started abusing the informant by taking his caste name. It is also alleged that ransom of Rs. 40,000/- was demanded by the appellant from the informant. It has been submitted on behalf of the appellant that there is no allegation of tampering of witnesses alleged against the
Patna High Court CR. APP (SJ) No.891 of 2020(2) dt.09-02-2021 2/2 appellant. The appellant has falsely been implicated in the present case. Due to previous enmity, the present case has been instituted against the appellant. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case. On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.
In view of the aforesaid facts and circumstances, the order dated 07-02-2020 passed by learned Additional Sessions JudgeIst-cum-Special Judge, Siwan in Siswan P.S. Case No. 01 of 2020 is set aside. The present Criminal Appeal is allowed. Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cumSpecial Judge, Siwan in connection with Siswan P.S. Case No. 01 of 2020.
(Sudhir Singh, J) A.K.V.//- U T