Ajay Kumar Nayak @ Ajay Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1304 of 2025 Arising Out of PS. Case No.-33 Year-2024 Thana- SC/ST District- Araria ====================================================== 1.

Ajay Kumar Nayak @ Ajay Nayak Son of Late Janardan Nayak Resident of Village - Jagta Ward No.5, P.S. - Raniganj, District - Araria 2.

Jayant Kumar @ Jayant Nayak Son of Jay Prakash Nayak Resident of Village - Jagta Ward No.5, P.S. - Raniganj, District - Araria ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sulekha Devi Wife of Rakesh Ram Resident of Village - Jagta Kharsahi Ward No.1, P.S. - Raniganj, District - Araria ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pankaj Kumar Dubey, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2025 1.

Heard learned Counsel for the appellants and learned Additional Public Prosecutor for the State. 2.

An order dated 04.02.2025, passed by learned Additional Sessions Judge 1st-cum-Exclusive Special Judge, SC/ST, Araria in A.B.P. No. 2774 of 2024, is under challenge in the present appeal preferred under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellants in connection with Araria SC/ST Police Station Case No. 33 of 2024 registered for the offences punishable under Section 3(5) and other allies sections of the B.N.S. Act

Patna High Court CR. APP (SJ) No.1304 of 2025(2) dt.08-04-2025 2/3 and Sections 3 (1)(r)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

3.

At the outset, learned counsel for the appellants seeks permission to withdraw this appeal qua appellant no. 1 with liberty to surrender and seek regular bail. 4.

Liberty, so sought, is granted.

5.

Accordingly, the present application stands dismissed as withdrawn qua appellant no. 1, however with the aforesaid liberty.

6.

Insofar as allegation against appellant no. 2 is concerned, it has been alleged that informant gave Rs. 1,35,000/- to Ajay Nayak for delivery of cement stone chips, iron rod etc. but he did not supply the same and misappropriated the amount. It has further been alleged that when co-accused Sanjay and appellant no. 2 were going on a motorcycle, informant stopped the motorcycle and demanded her money back, upon which, Ajay Nayak and appellant no. 2 abused her by caste name and refused to return the money. 7.

Learned Counsel appearing on behalf of the appellant submits that appellant no. 2 has falsely been implicated in this case with oblique motive, inasmuch as there is

Patna High Court CR. APP (SJ) No.1304 of 2025(2) dt.08-04-2025 3/3 specific allegation against appellant no. 1 Ajay Nayak, who allegedly took Rs. 1,35,000/- from the informant and when she demanded, she was abused and assaulted. He further submits that appellant no. 2 has not abused the informant in full public view.

8.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that abuse/ caste name was not made/ taken in full public view, I am inclined to grant anticipatory bail to the appellant no. 2. 9.

Accordingly, this appeal is partly allowed and the order dated 04.02.2025, passed by learned Additional Sessions Judge 1st-cum-Exclusive Special Judge, SC/ST, Araria in A.B.P. No. 2774 of 2024, is set aside.

10.

Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st-cum-Exclusive Special Judge, SC/ST, Araria in A.B.P. No. 2774 of 2024, arising out of Araria SC/ST Police Station Case No. 33 of 2024.

(Anil Kumar Sinha, J) rinkee/- U T