Anjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1540 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- SC/ST District- Khagaria ====================================================== Anjan Yadav Son of Late Ganeshi Yadav Resident of Village- Rohiyar Ward No. 14, P.S.- Mansi, District- Khagaria ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ramvilas Das Son of Late Baldeo Das Resident of Village- Rohiyar, Ward No. 9, P.S. Mansi, District- Khagaria ... ... Respondent/s ====================================================== Appearance :
For the Appellant :
Mr. Ranjeet Kumar Singh, Advocate For the State :
Mr. Binay Krishna, Spl.P.P.
For the Respondent no. 2:
None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the appellant and learned Special P.P. for of the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2.
2. This appeal has been filed against the order dated 16.01.2024 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, Khagaria in connection with Khagaria (SC/ST) P.S. Case No. 31 of 2023, registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "SC/ST Act"), whereby the prayer for anticipatory bail of appellant has been rejected.
3. As per prosecution case, on the alleged date and
Patna High Court CR. APP (SJ) No.1540 of 2024(4) dt.03-10-2024 2/3 time of occurrence, this appellant and co-accused Raj Kumar Yadav abused informant by caste name and thereafter, assaulted him with iron rod and butt of pistol. It is further alleged that this appellant also snatched Rs. 500/- from pocket of informant.
4. Learned counsel for the appellant submits that there is admitted land dispute between the appellant and his cosharers and the informant is worker of co-sharer of appellant and at the instance of co-sharer, this false and concocted case has been lodged. The injury allegedly caused by this appellant is simple in nature. F.I.R. does not disclose that at the time of occurrence, any member of the public was present and as such, no offence under the SC/ST Act is made out against appellant.
5. Learned Spl. Public Prosecutor for the State vehemently opposes the appeal, filed for grant of anticipatory bail.
6. However, considering the aforesaid facts and circumstances, the impugned order dated 16.01.2024 is, hereby, set aside and this criminal appeal is allowed.
7. Let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.1540 of 2024(4) dt.03-10-2024 3/3 satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Khagaria in connection with Khagaria (SC/ST) P.S. Case No. 31 of 2023.
(Prabhat Kumar Singh, J) anay U T