Dhiraj Ray @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2071 of 2023 Arising Out of PS. Case No.-321 Year-2019 Thana- KHAIRA District- Saran ====================================================== Dhiraj Ray @ Dhiraj Kumar Son Of Birendra Ray Resident Of Village - Nagra Baswaria Tola, P.S.- Khaira, Distt.- Saran At Chapra. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sunil Kumar Manjhi Son of Lalbabu Manjhi Resident of Village - Nagra Baswaria Tola, P.S.- Khaira, District - Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nawal Kishore Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Though, this case has been listed under the heading 'For Office Notes' but, with the consent of both the parties, the same is being heard on merit.

2. Heard learned counsel for the appellant, respondent no. 2 and learned Special Public Prosecutor for the State.

3. 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 25.02.2023, passed by learned Additional Sessions Judge 3rd Saran at Chapra in connection with Khaira Nagar P.S. Case No. 321 of 2019, registered under Sections 323, 307, 379, 354B, 504, 506/34 of the IPC and Sections 3(i) (r) (x) of SC/ST Act.

Patna High Court CR. APP (SJ) No.2071 of 2023(3) dt.11-10-2023 2/3

4. Appellant along with other accused persons are said to have abused the informant by taking caste name. On objection, they assaulted the informant and his family members.

5. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. He submits that there is general and omnibus allegation levelled against the appellant. He submits that the present case is counter blast of Chapra Town P.S. Case No. 320 of 2021. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

6. However, learned Special PP for the State and learned counsel for the respondent no. 2 oppose the prayer for bail.

7. 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 the learned Additional Sessions Judge 3rd Saran at Chapra in connection

Patna High Court CR. APP (SJ) No.2071 of 2023(3) dt.11-10-2023 3/3 with Khaira Nagar P.S. Case No. 321 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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