Satendra Singh @ Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.938 of 2020 Arising Out of PS. Case No.-6 Year-2018 Thana- SC/ST District- Aurangabad ====================================================== Satendra Singh @ Satyendra Singh Son of Late Arjun Singh Resident of Village - Dadhapi, P.S. - Bandeya, District - Aurangabad. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Ravindra Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard the parties.

The matter relates to grant of anticipatory bail to the appellant in connection with Aurangabad SC/ST P.S. Case No. 06 of 2018 registered for the offences under Sections 147, 341, 323, 504, 379/427 of the Indian Penal Code and Sections 3(1) (r), 3(1)(s), 3(2)(va) of the SC/ST Act.

Allegedly, the accused persons assaulted and abused

Patna High Court CR. APP (SJ) No.938 of 2020(2) dt.25-11-2020 2/3 the informant by taking his caste name.

It has been submitted on behalf of the appellant that there is no allegation of tampering of witnesses alleged against the appellant. General and omnibus allegation has been made against the appellant. No specific overt act is alleged 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 22-01-2020 passed by learned Additional District & Sessions Judge-Ist-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Aurangabad in Aurangabad SC/ST P.S. Case No. 06 of 2018 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 twelve 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 District & Sessions Judge-Ist-

Patna High Court CR. APP (SJ) No.938 of 2020(2) dt.25-11-2020 3/3 cum-Special Judge, SC/ST (Prevention of Atrocities) Act, Aurangabad in connection with Aurangabad SC/ST P.S. Case No. 06 of 2018.

(Sudhir Singh, J) A.K.V.//- U T