Amrendra Kumar @ Amrendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1671 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- SC/ST District- Patna ====================================================== AMRENDRA KUMAR @ AMRENDRA YADAV, Son of Sri Ramjeet Yadav, Resident of Mohallah - Kurji, Bujurg Gate No. 83, P.S. - Digha, District - Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Amit Kumar Anand, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2020 Heard learned counsel for the parties through video conferencing.

The present appeal is directed against the order dated 27.02.2020, passed by the learned 8th Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Patna in a case registered for the offence punishable under Sections 347, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and Section 3(i) (r) of the SC/ST Act, whereby anticipatory bail of the appellant has been rejected.

The prosecution case in brief is that on 19.09.2019, the informant was returning from Secretariat, in the meantime,

Patna High Court CR. APP (SJ) No.1671 of 2020(2) dt.26-11-2020 2/3 the appellant started abusing the informant by calling his caste name and assaulted him and also took Rs.2,500/- from his pocket.

Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. It is further submitted that the informant is in the habit of filing false F.I.R. and he has earlier also, lodged two criminal cases against the appellant, which is stated in paragraph no.3 of memo of the appeal.

Learned counsel for the State on the other hand opposes the prayer for bail.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 27.02.2020 is set aside.

Accordingly, in the event of arrest or surrender by the appellant, above named, before the Court below within six weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 8th Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Patna in Special Case No. 13 of 2019 arising out of

Patna High Court CR. APP (SJ) No.1671 of 2020(2) dt.26-11-2020 3/3 SC/ST Police Station Case No. 01 of 2019.

(Prabhat Kumar Singh, J) Ankit/- U T