Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1218 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- SC/ST District- Jehanabad ====================================================== Jitu Kumar, Son of Late Suryadeo Lal, Resident of Village- Panchsil Nagar, Takiye Par, Police Station- Danapur, District- Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 23.02.2019 passed by the learned 1st Addl. Sessions Judge, Jehanabad in ABP No. 2061 of 2018 arising out of Jehanabad SC/ST P.S.Case No. 56 of 2018 registered under Sections 323, 341, 379, 427, 504 and 506/34 of the Indian penal Code and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant and other accused persons is of abusing the informant by taking caste name and there is allegation of assault against other co-accused Ranjeet Kumar.

Submission of learned counsel for the appellant is that as

Patna High Court CR. APP (SJ) No.1218 of 2019 dt.02-04-2019 2/2 a matter of fact, petitioner is working as a Clerk in a hospital where informant is working as a Peon and with respect to making attendance, scuffle took place in between them and due to that this case has been lodged with false allegation of abusing caste name making the case serious.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Jehanabad in ABP No. 2061 of 2018 arising out of Jehanabad SC/ST P.S.Case No. 56 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date