Itwari @ Md. Itwari @ Amiruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.948 of 2020 Arising Out of PS. Case No.-11 Year-2017 Thana- COMPLAINT CASE District- Kishanganj ====================================================== ITWARI @ MD. ITWARI @ AMIRUDDIN Son of Late Md. Usman @ Usman Resident of Village Koimari, Altabari P.S. Bahadurganj, District Kishanganj.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Aam Lal Harijan Son of Late Kanchal Lal Harijan Resident of Village Koimari, P.S. Bahadurganj, District Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ram Prawesh Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2021 Ref: I.A. No. 01 of 2021 This interlocutory application has been filed for condonation of delay in filing the present Memo of appeal. Considering the grounds taken in the application, the present interlocutory application is allowed. The delay in filing the present Memo of appeal is condoned.

Cr. Appeal No. 948 of 2020 Heard the parties.

Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Patna High Court CR. APP (SJ) No.948 of 2020(4) dt.08-03-2021 2/3 The matter relates to grant of anticipatory bail to the appellant in connection with Complaint Case No. 11-C/17 giving rise to Special SC/ST Case No. 18 of 2018 registered for the offences under Sections 147, 148, 323, 379, 354, 504, 506/34 of the Indian Penal Code and Section 3/4 of the SC/ST (POA) Act.

Allegedly, the passage meant for ingress and egress of the complainant/informant was forcefully occupied by the accused persons. On protest, the complainant/informant was assaulted and abused. Rs. 5000/- is also said to have been snatched. The caste name of the complainant/informant was also taken by the accused persons with a view to humiliating him. It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. General and omnibus allegation has been made against the appellant. For a petty reason, the alleged occurrence is said to have taken place. 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

Patna High Court CR. APP (SJ) No.948 of 2020(4) dt.08-03-2021 3/3 named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 30-08-2019 passed by learned Additional District & Sessions Judge-Ist, Kishanganj in Complaint Case No. 11-C/17 giving rise to Special SC/ST Case No. 18 of 2018 is set aside. The present Criminal Appeal is allowed.

Accordingly, let the appellants, 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) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist, Kishanganj in connection with Complaint Case No. 11-C/17 giving rise to Special SC/ST Case No. 18 of 2018. (Sudhir Singh, J) A.K.V.//- U T