Ramjee Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1235 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- SIRDALA District- Nawada ====================================================== RAMJEE PRASAD SON OF RUPNARAYAN PRASAD R/O VILLAGEBHALUA, P.S. - SIRDALLA, DISTRICT- NAWADA ... ... Appellant/s
Versus
1.
The State of Bihar 2.
ASHOK RAJBANSHI SON OF LATE BALCHAND RAJBANSHI R/O VILLAGE- BHALUA, P.S.- SIRDALLA, DISTRICT- NAWADA ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sheo Kumar Prasad, Advocate For the Respondent/s :
Ms. Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024
1. Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the respondent no. 2.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 06.01.2023 in A.B.P. No. 3037 of 2022 passed by the learned Exclusive Special Court SC/ST (POA) Act, Nawada in connection with Sirdalla P.S. Case No. 212 of 2022 registered under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that
Patna High Court CR. APP (SJ) No.1235 of 2023(4) dt.14-05-2024 2/3 appellant has been falsely implicated in the instant case and is a person with clean antecedent. It is further submitted that on account of dispute relating to sewerage the instant case came to be instituted by the respondent no. 2 with an allegation that the accused persons including the appellant abused him by taking caste name and the appellant also snatched his golden chain.
4. Learned counsel for the appellant submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the same does not inspire confidence for the reason that the FIR does not even remotely suggest that the occurrence was witnessed by any independent witness. It is further submitted that the allegation of snatching chain is ornamental in nature.
5. Learned Special Public Prosecutor and the learned counsel appearing on behalf of the respondent no. 2 opposed the prayer for anticipatory bail.
6. Considering the aforesaid submissions, let the appellant, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. APP (SJ) No.1235 of 2023(4) dt.14-05-2024 3/3 the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) Kundan/- U T