Brajesh Singh @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1533 of 2020 Arising Out of PS. Case No.-316 Year-2019 Thana- PATAHI District- East Champaran ====================================================== BRAJESH SINGH @ BRAJESH KUMAR Son of Late Chandeshwar Singh Resident of Village- Barashankar, Police Station - Patahi, District - East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manoj Kumar Singh, Adv.

For the Respondent/s :

Mr. Usha Kumari No. 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2020 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual court proceedings.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 20.03.2020 passed by learned Additional District Judge-1-cum Special Judge, SC/ST Act, East Champaran, Motihari in connection with Patahi P.S. Case No. 316 of 2019 registered under Sections 302, 201 of the Indian Penal Code. Later on Sections 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been

Patna High Court CR. APP (SJ) No.1533 of 2020(3) dt.02-12-2020 2/3 added.

It is submitted by learned counsel for the appellant that appellant is innocent and has been falsely implicated in this case. He submits that no specific allegation of assault against the appellant, nor the appellant has used the caste name, as such no offence is made out against the appellant under SC/ST Act. He submits that after laps of 102 days of the occurrence, SC/ST Act was added against six accused persons including the appellant without explaining any reason. He submits that there is dispute between the parties due to PACS election and on the basis of the same, appellant has been made accused. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant in the event of their 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 1st Additional Sessions Judge-cum Special Judge, SC/ST Act, East Champaran, Motihari in connection with Patahi P.S. Case No. 316 of 2019, subject to the condition as laid down under

Patna High Court CR. APP (SJ) No.1533 of 2020(3) dt.02-12-2020 3/3 Section 438 (2) of the Cr.P.C.

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

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