Mansoor Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1722 of 2022 Arising Out of PS. Case No.-29 Year-2021 Thana- SC/ST BETTIAH District- West Champaran ====================================================== 1.

MANSOOR MIAN Son of Aziz Mian Resident of Village - Hirapakar, P.S.- Manuapool, District - West Champaran.

2.

Manjoor Mian Son of Aziz Mian Resident of Village - Hirapakar, P.S.- Manuapool, District - West Champaran.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Yogendra Ram Son of Jai Ram Ram Resident of Village - Parasa Giri Tola, Ward No.- 22, P.S.- Manuapool, District - West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjeev Kumar Shrivastava For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellants against the order dated 07.04.2022 passed by learned Additional District and Sessions Judge-1st, Cum Special Judge (SC/ST), Bettiah Sadar SC/ST in ABP No.1009 of 2022 whereby the prayer for bail of the appellants in connection with Bettiah Sadar SC/ST P.S. Case no. 29 of 2021 under Section 341, 323, 504, 506, 34 of the Indian Penal Code and sections 3(i)(r)(s)(ii) (va)of SC/ST Act was rejected.

Allegations against the appellants is of abusing and

Patna High Court CR. APP (SJ) No.1722 of 2022(2) dt.21-07-2022 2/3 assaulting by chapal and fist to the informant. It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to dirty village politics. No offence is made out under the provisions of the SC/ST Act against them. The appellants have no intention to disgrace the image of the informant by taking his caste name in public view. General and omnibus allegations have been levelled against the appellants.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 07.04.2022 passed in A.B.P. No 1009 of 2022 is hereby set aside.

The appellants are directed to be enlarged on bail in connection with Bettiah Sadar SC/ST P.S. Case No. 29 of 2021 in the event of arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District

Patna High Court CR. APP (SJ) No.1722 of 2022(2) dt.21-07-2022 3/3 and Sessions Judge-1st, Cum Special Judge (SC/ST), Bettiahm West Champaran.

(Sunil Kumar Panwar, J) sushma/- U