Patna High CourtCR. APP (SJ)/1166/2022bail granted

Chandramani Singh @ Chandramani Sigriwal @ Chandramani Sikriwal v. The State Of Bihar

2022-07-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1166 of 2022 Arising Out of PS. Case No.-431 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Chandramani Singh @ Chandramani Sigriwal @ Chandramani Sikriwal Son Of Jaykant Singh R/O Village- Mona Sadha Dhala Chowk, P.S.- Chapra Town, District- Saran At Chapra ... ... Appellant/s

Versus

The State of Bihar 2.

Rupesh Kumar Rajak Son Of Jaleshwar Rajak R/O Village- Mona Sadha Dhala Chowk, P.S.- Chapra Town, District- Saran At Chapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Krishna Kumar Yadav For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 09.03.2022 passed by the learned 3rd Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Chapra Town P.S. Case No. 431 of 2021 instituted for the offences punishable under Sections 147, 148, 431, 323, 504, 506, 379 of the Indian Penal Code and Section 3(1)(r) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for

Patna High Court CR. APP (SJ) No.1166 of 2022(2) dt.21-07-2022 2/3 being released on anticipatory bail has been rejected. The accusations are of making assault, abusing by calling caste name and taking away gold chain and cash of Rs. 1,65,000/- from the shop of the informant. It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case and in the background of some business dispute, the present case has been lodged. As per F.I.R, the occurrence took place in the shop, not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. There is general and omnibus allegation against the appellant. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 09.03.2022 passed by the learned 3rd Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Chapra Town P.S. Case No.

Patna High Court CR. APP (SJ) No.1166 of 2022(2) dt.21-07-2022 3/3 431 of 2021.

Accordingly, this appeal is allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional District & Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in connection with Chapra Town P.S. Case No. 431 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T