Harendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1780 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Harendra Prasad Yadav Son of Ramesh Prasad Yadav Resident of VillageTilakpura, P.O.- Amahara, P.S.- Naubatpur, Dist.- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Electrical Executive Engineer, Balbir Chandra Bharti Electric Work Division No.3, P.S.- Sachiwalya, Dist.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shivanand Singh, Adv.

For the Respondent/s :

Mrs.Usha Kumari 1, Spl.P.P.

Mr.Vinay Kirti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2024 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. 2.

This is an appeal under section 14A(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 23.03.2024, passed by learned Exclusive Special Court, SC/ST, Patna, in connection with Sachiwalaya P.S. Case No.14 of 2024, registered under sections 341, 323, 353, 504 of the IPC and sections 3(I)(r) 3(1)(s) and 3(2)(va) of the SC and ST Act. 3.

As per the F.I.R., the appellant being a Contractor is said to have abused the Junior Engineer namely Bharat Ram of the Bihar Vidhan Mandal on his mobile phone and created

Patna High Court CR. APP (SJ) No.1780 of 2024(3) dt.25-10-2024 2/3 hindrance in discharge of his official work.

4.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence, as alleged, has ever taken place. Appellant has been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellant as the occurrence of abusing the Junior Engineer is not said to have taken place in the public view. From perusal of the impugned order, it is evident that the informant did not appear before the Court below and the so-called victim Bharat Ram appeared before the Court on 07.02.2024 and filed a petition stating that he has no concern with the said incident and is not interested in continuing with the aforesaid case. Appellant has no criminal antecedent.

5.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for anticipatory bail. 6.

Considering the facts and circumstances of the case, the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. APP (SJ) No.1780 of 2024(3) dt.25-10-2024 3/3 Exclusive Special Court, SC/ST, Patna, in connection with Sachiwalaya P.S. Case No.14 of 2024, subject to the condition as laid down under section 438 (2) of the Cr.P.C. 7.

Accordingly, the impugned order is set aside and this appeal is allowed.

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