Aftab Ansari @ Mahatab Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2592 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- ATRI District- Gaya ====================================================== AFTAB ANSARI @ MAHATAB ANSARI Son of Md. Rahim Miyan Resident of Village- Gohchak, Tikar, Teusa, P.S.- Atri, District- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Munarik Paswan Late Shivnandan Paswan Resident of villageDaulatpur,P.S-Atri,District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Tabish Sharfuddin For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Learned counsel for the appellant undertakes to remove the defects within four weeks.

A supplementary filed on behalf of the appellant is on record in which it is stated that the respondent no.2 and his son are residing in the same house, hence the notice is deemed to be validly served.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail

Patna High Court CR. APP (SJ) No.2592 of 2021(4) dt.18-01-2023 2/3 vide order dated 16.09.2020 passed by learned Special Judge (SC/ST Act), Gaya in connection with Atri P.S. Case No. 197/2020 registered under Sections 147, 149, 323, 307, 379, 504 & 506 of the Indian Penal Code and Section 3(1) (r) (s), 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

While the informant was cultivating his field, the appellant in association of other co-accused is said to have came there and started abusing him, on objection, the accused persons with a view to kill him started assaulting him with lathi and hit on the head of the informant. They also abused him. When the son of the informant came in his rescue he was also assaulted by them.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to land dispute. There is case and counter case between the parties. The learned lower Court has also not mentioned any injury. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is no specific allegation against the appellant to abuse the informant in his caste name, hence, no offence under SC/ST Act is made out against him. Appellant has

Patna High Court CR. APP (SJ) No.2592 of 2021(4) dt.18-01-2023 3/3 no criminal antecedent as mentioned in para-3 of this memo of appeal.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Act), Gaya in connection with Atri P.S. Case No.197 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) Trivedi/- U T