Binay Bihari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.660 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) =========================================================== Binay Bihari Prasad son of Arbind Yadav @ Arbindra Yadav, resident of villagePillich, Police Station- Parwalpur, District- Nalanda. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. PP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 26-10-2016 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

This appeal under Section 14-A(2) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') has been filed against the order dated 01.04.2016 passed by the learned 2nd Additional Sessions Judge, Hilsa in B. P. No. 138 of 2016, whereby the bail application of the appellant in connection with SC/ST P. S. Case No. 137 of 2015 registered under Sections 341, 323, 504, 506 and

Patna High Court CR. APP (SJ) No.660 of 2016 dt.26-10-2016 2/3 379 of the Indian Penal Code and Section 3(1)(x) of the Act, has been rejected.

3.

It is submitted by the learned counsel for the appellant that no occurrence as alleged has ever taken place and the petitioner has been implicated in a false and fabricated case. It is further submitted that for the alleged act of abusing and assaulting the informant of the case, the appellant has been in custody for over seven months.

4.

On the other hand, learned Special Public Prosecutor for the State has opposed the application for grant of bail to the appellant. He has submitted that the appellant has not only abused the informant but also assaulted him causing three simple injuries.

5.

Be that as it may, regard being had to the nature of the offences alleged and the period undergone by the appellant in custody, the impugned order dated 01.04.2016 passed by the learned 2nd Additional Sessions Judge, Hilsa in B. P. No. 138 of 2016 is set aside. The appellant is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Hilsa in connection with SC/ST P. S.

Patna High Court CR. APP (SJ) No.660 of 2016 dt.26-10-2016 3/3 Case No. 137 of 2015.

6.

The appeal stands allowed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 27.10.2016 Transmission Date 27.10.2016