Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1550 of 2022 Arising Out of PS. Case No.-122 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

KAMESHWAR SINGH Son of Late Balmitak Singh R/o Village - Malpur, P.S.- Barun, District - Aurangabad.

2.

Janeshwar Singh @ Ganeshwar Singh Son of Late Balmitak Singh R/o Village - Malpur, P.S.- Barun, District - Aurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Kumar Sinha For the Respondent/s :

Mr. Harimohan Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

Learned counsel for the appellants undertakes to remove the defects within four weeks.

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 18.04.2022 passed by learned I/C 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Aurangabad in connection with Barun P.S. Case No.122 of 2019, registered under Sections 341, 323, 379, 353, 504, 506, 34 of the Indian

Patna High Court CR. APP (SJ) No.1550 of 2022(2) dt.22-02-2023 2/3 Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation against the appellants is that they abused the informant and also snatched golden chain and wrist watch from him.

It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. The allegation of assaulting the informant is not specific rather general and omnibus in nature. There is no specific overt act against the appellants. He further submits that learned court below has not properly considered that allegation of theft not proved against the appellants. Appellants have no criminal antecedent as mentioned in para-3 of memo of appeal. Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail and submits that there is a specific allegation against the appellants to abuse the informant.

Considering the facts and circumstances of the case and from the perusal of the records, let the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on

Patna High Court CR. APP (SJ) No.1550 of 2022(2) dt.22-02-2023 3/3 bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned , I/C 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST) Aurangabad in connection with Barun P.S. Case No.122 of 2019 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) shikha/- U T