Nesar Khan @ Nesar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1223 of 2020 Arising Out of PS. Case No.-382 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== NESAR KHAN @ NESAR AHMAD S/o Ali Mohammad Khan Resident of Village-Chanki Pipra, Police Station-Shikarpur, District-West Champaran. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arbind Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2021 Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the appellant and learned Special P.P. for the State.

The matter relates to grant of anticipatory bail to the appellant in connection with a case registered for the offences under Sections 147, 148, 149, 323, 307, 379 of the Indian Penal Code and Sections 3(i)(r)(w)(ii)(v-a) of the SC/ST (Prevention of Atrocities) Act, 1989.

The prosecution case, in short is that some unknown persons assaulted the informant by means of lathi, danda and fists.

It has been submitted on behalf of the appellant that

Patna High Court CR. APP (SJ) No.1223 of 2020(2) dt.20-02-2021 2/3 the appellant has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. An application has been filed by the informant in the court below, which is Annexure 2 to the present appeal, where he has retracted from his earlier statement made in the F.I.R. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellant is named in the F.I.R.

In view of the aforesaid facts and circumstances, the order dated 15.02.2020, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, (SC/ST, POCSO), Bettiah, West Champaran vide A.B.P. No.128 of 2020 in connection with Shikarpur P.S. case No.382 of 2019, is set aside. The criminal appeal is allowed.

Accordingly, the appellant, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. APP (SJ) No.1223 of 2020(2) dt.20-02-2021 3/3 1st Additional Sessions Judge-cum-Special Judge, (SC/ST, POCSO), Bettiah, West Champaran in connection with Shikarpur P.S. case No.382 of 2019.

(Sudhir Singh, J) Narendra/- U T