Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1864 of 2023 Arising Out of PS. Case No.-396 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== SURAJ KUMAR Son of Dilip Singh Resident of village - Badki Babhani, Police Station - Magadh University, District - Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shyam Ranjan Paswan Son of Karu Paswan Resident of village - Badki Babhani, Police Station - Magadh University, District - Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manish Kumar No2 For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the respondent no. 2.

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 of anticipatory bail vide order dated 13.02.2023 passed by learned Exclusive Special Judge SC/ST, Gaya, in connection with Magadh University P.S. Case No. 396 of 2022 registered under Sections 147, 148, 149, 427, 341, 323, 447 and 379 of the Indian Penal Code and Section 3(i)(r)(s)/3(v-a) of the Scheduled Castes and

Patna High Court CR. APP (SJ) No.1864 of 2023(3) dt.28-06-2023 2/3 Scheduled Tribes (Prevention of Atrocities) Act. The appellant along with other accused persons are said to have abused and assaulted the informant. Learned counsel for the appellant submits that the appellant has not concern with the aforesaid occurrence. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under Section SC/ST Act is made out against the appellant. There is no specific overt act against the appellant. There is specific allegation against Deepak Kumar, who abused the informant by taking his caste name. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

Learned Spl. PP for the State and learned counsel for the respondent no. 2 opposed payer for bail and submitted that the appellant abuses the respondent no. 2/informant by taking caste name.

Considering the facts and circumstances of the case, let the above named appellant, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. APP (SJ) No.1864 of 2023(3) dt.28-06-2023 3/3 Exclusive Special Judge SC/ST, Gaya, in connection with Magadh University P.S. Case No. 396 of 2022, 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) anand/- U T