Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1606 of 2020 Arising Out of PS. Case No.-420 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== ANIL PRASAD Son of Sheo Nath Prasad Resident of Village- Gahiri, P.S.- Nautan, District- West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar No 7 For the Respondent/s :

Ms. Usha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

The present memo of appeal has been filed for setting aside the orders dated 08.06.2020 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST and POCSO), Bettiah, West Champaran in connection with Nautan P.S. Case No. 420 of 2019, registered under Sections 420/406 of the Indian Penal Code and sections 3(i)(r) (f)/3(2)(v-a) of the SC/ST (Prevention of Atrocities) Act. The informant alleged that appellant took Rs. 1300/- as bribe on the pretext of providing loan within two months and subsidy. Even after lapse of one year, neither loan was provided nor money was returned to him. When the informant went at the

Patna High Court CR. APP (SJ) No.1606 of 2020(2) dt.25-11-2020 2/2 house of appellant and asked for money then he abused him by calling his caste name.

It is submitted on behalf of the appellant that appellant has been falsely implicated due to political rivalry. In the prosecution case, date and time was also not mentioned. There is vague allegation. No case under SC/ST Act is made out against the appellant.

Considering aforesaid facts, this appeal is allowed. The impugned order dated 08.06.2020 passed by learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST and POCSO), Bettiah, West Champaran is set aside. 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 the learned 1st Additional District and Sessions-cum-Special Judge (SC/ST and POCSO), Bettiah, West Champaran, in connection with Nautan P.S. Case No. 420 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T