Sidhyanand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2142 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- SC/ST District- Araria ====================================================== SIDHYANAND MISHRA Son of Late Chandranand Mishra Resident of Village - Kali Bazar, Ward No.- 13, P.S. - Town Araria, Dist.- Araria ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Chandan Paswan Son of Dayal Singh Paswan Resident of Village - Madanpur, Ward No.- 11, P.S. - Madanpur, Dist.- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Sadanand Paswan For Res. No.2 :

Mr. Sudhir Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the parties.

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 of anticipatory bail vide order dated 08.02.2021, passed by learned 1st Additional Sessions Judgecum-Special Judge, Araria in connection with Spl (SC/ST) Case No.264/20, arising out of Araria SC/ST P.S. Case No.91/20, registered under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(s) of the SC/ST Act. The appellant and other co-accused persons are said to have abused the informant by naming his caste. The appellant is

Patna High Court CR. APP (SJ) No.2142 of 2021(3) dt.05-07-2022 2/3 said to have assaulted the informant by means of dabiya in his head causing bleeding injury on the head. The accused person also took out Rs.15,000/- from the pocket of the informant. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is further submitted that the matter has been compromised between the parties. It is also submitted that the appellant has got no criminal antecedent as stated in paragraph3 of the memo of appeal. Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellant.

Learned counsel for the informant also submits that the matter has been compromised between the parties. Having considered the fact that the matter has been compromised between the parties, let appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, Araria in connection with Spl (SC/ST) Case No.264/20, arising out of Araria SC/ST P.S. Case No.91/20,

Patna High Court CR. APP (SJ) No.2142 of 2021(3) dt.05-07-2022 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J.) Sanjay/- U T