Jhunu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1587 of 2019 Arising Out of PS. Case No.-375 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== JHUNU SINGH Son of Late Ram Ayodhya Singh Resident of VillageBasatpur, P.S.- Motihari Mufasil, District- East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 20.11.2018 passed by learned 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, East Champaran, Motihari in Motihari Mufasil P.S. Case No. 357 of 2018 registered under Sections 147, 148, 149, 323, 324, 307, 354, 504 and 506 of the Indian Penal Code, Section 3(i)(d)(r)(s) of the SC/ST Act. Appellant along with 12 other accused persons are said to have slated the informant, his wife and son and also assaulted them.

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.1587 of 2019(4) dt.28-06-2019 2/3 that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to dirty village politics. There is no allegation of assault against the appellant. Allegation of slating the informant levelled against the appellant is not specific rather general and omnibus in nature. Moreover, informant has not stated in specific the caste name by which appellant is said to have slated him, hence no offence under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent. Similarly situated co-accused namely Lakhindra Sah and others have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.02.2019 passed in Cr. Appeal (SJ) No. 347 of 2019. Learned Spl. PP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, East Champaran, Motihari in Motihari Mufasil P.S. Case No. 357 of 2018, subject

Patna High Court CR. APP (SJ) No.1587 of 2019(4) dt.28-06-2019 3/3 to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

(Prakash Chandra Jaiswal, J) mantreshwar/- U T