Nurhasan Ansari @ Guddu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2587 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Nurhasan Ansari @ Guddu Ansari Son Of Shalauddin Ansari Resident Of Village - Senduwar, P.S.- Janta Bazar, District - Saran. 2.

Saddam Hussain @ Saddam Ansari Son Of Shalauddin Ansari Resident Of Village - Senduwar, P.S.- Janta Bazar, District - Saran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 13.10.2020, passed by learned 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, Saran at Chapra in connection with Janta Bazar P.S. Case No. 43 of 2020, registered under Sections 341, 323, 379, 354, 504, 506 of the IPC and Sections 3 (i) (r) (v) of the SC/ST Act. Appellants are said to have misbehaved with the informant. They also abused by taking caste name and brutally assaulted the grand father of the informant.

It is submitted by learned counsel for the appellants that

Patna High Court CR. APP (SJ) No.2587 of 2021(2) dt.25-04-2022 2/2 the appellants are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the appellants. He submits that no case under Sections 379, 354 IPC and 3 (i) (r) SC/ST Act is made out against the appellants. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal.

Learned Spl. PP for the State opposes the prayer for bail and submits that there is specific allegation against the appellants to abuse the informant by taking caste name. Considering the facts and circumstances of the case, I am not inclined to enlarge the appellants on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Janta Bazar P.S. Case No. 43 of 2020. Accordingly, this appeal is dismissed.

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