Uday Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1036 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.

Uday Prasad Son Of Late Rameshwar Saw R/O Village- Shahpur, P.S.- Haspura, District- Aurangabad (Bihar) 2.

Chunni Devi Wife Of Uday Prasad R/O Village- Shahpur, P.S.- Haspura, District- Aurangabad (Bihar) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ashok Kumar For the Respondent/s :

Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2022 Heard learned counsel for the appellants and learned Special P.P for the State.

The appellants have challenged the order dated 22.02.2022 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Aurangabad in connection with Haspura P.S. Case No. 25 of 2022 instituted for the offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Section 3(1)(r)(s) 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.1036 of 2022(2) dt.14-07-2022 2/3 The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellants that appellants have falsely been implicated in this case. There is general and omnibus allegation against the appellants. As per F.I.R, the occurrence has not committed in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellants. A statement has been made in para 3 of the petition that appellants have no criminal antecedent. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 22.02.2022 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Aurangabad in connection with Haspura P.S. Case No. 25 of 2022.

Accordingly, this appeal is allowed.

The appellants, above named are directed to be released on bail in the event of their arrest or surrender

Patna High Court CR. APP (SJ) No.1036 of 2022(2) dt.14-07-2022 3/3 within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST, Aurangabad in connection with Haspura P.S. Case No. 25 of 2022 (Sunil Kumar Panwar, J) Shageer/- U T