Sushil Kumar Singh @ Sushil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2406 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== SUSHIL KUMAR SINGH @ SUSHIL SINGH Son of Late Ramji Singh Resident of Village- Manjurahi, P.S.- Aurangabad (Mufassil), DistrictAurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bhanu Pratap Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-09-2021 Heard the learned counsel for the appellant and the learned Special Public Prosecutor for the State. The appellant has challenged the order dated 22.12.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Aurangabad in A.B.P. No. 1195 of 2020 arising out of Aurangabad (Muffasil) P.S. Case No. 207/2020, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 504 and 506 of the Indian Penal Code and Section 3(1)(r) (s)/3(2)(Va)/32(V) of the SC/ST (POA) Act has been rejected.

Patna High Court CR. APP (SJ) No.2406 of 2021(3) dt.29-09-2021 2/3 The appellant and twenty nine others are said to have assaulted the informant and others. The cause of occurrence as stated in the F.I.R. is that the informant and his associates had not voted for the B.J.P. party in the last elections.

Mr. Singh, the learned counsel for the appellant has submitted that there is a counter version of the occurrence. One person, namely, Munni Singh from the side of the appellant has been seriously injured in the occurrence. The reason for the appellant having been made accused in this case is an attempt of the informant and his associates at grabbing the land of some of the appellants.

Vide order dated 13.08.2021, case diary was called for to ascertain the nature of injuries suffered by the victims of this case.

Though there are several persons, who are said to have been injured in the occurrence but all of them have received simple injuries. The accusation against the appellant is absolutely vague, general and omnibus.

Regard being had to the afore-stated facts,

Patna High Court CR. APP (SJ) No.2406 of 2021(3) dt.29-09-2021 3/3 namely, the counter case, one person having been injured from the side of the appellant in a grievous manner and there being nothing on record to indicate conclusively for driving home the mischief of SC/ST (Prevention of Atrocities), Act, The provisional bail granted to the appellant by order dated 13.08.2021, is hereby confirmed. He shall remain on the same bail bonds.

The appeal stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T