Akash Kumar Tiwary @ Abhijit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1769 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- PARSA District- Saran ====================================================== 1.

AKASH KUMAR TIWARY @ ABHIJIT KUMAR Son of Ram Das Tiwari Resident of Village - Baksanda, P.S. - Parsa, District - Saran. 2.

Deepak Kumar Son of Pradeep Sah Resident of Village - Baksanda, P.S. - Parsa, District - Saran.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dev Das Ram Son of Late Mishri Ram Resident of Village - Baksanda, P.S. - Parsa, District - Saran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Kumar Srivastva For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2022 Heard learned counsel for the appellants, learned counsel for the informant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellants against the order dated 14.02.2020 passed by learned 3rd Additional Sessions Judge-cum-Special Judge (SC/ST Act) Saran at Chapra in ABP No. 328 of 2022 whereby the prayer for bail of the appellants in connection with Parsa P.S. Case no. 395 of 2021 under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code and sections 3(i)(s)(s) of SC/ST (POA) Act was rejected.

Patna High Court CR. APP (SJ) No.1769 of 2022(3) dt.03-11-2022 2/3 As per allegation in the FIR, while the informant was going to Shankar Mandir with his family members, accused Abhimanyu Tiwari came there and started to abuse them by taking their caste name. On protest, several accused persons including the appellants started to assault the informant as a result of which he sustained head injury causing huge blood loss. When his brother came there to rescue him, he was also beaten up by the accused persons. It is further alleged that accused persons took away his gold chain.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to land dispute. There is case and counter case. Specific allegation of assault is against Abhimanyu Tiwari. General and omnibus allegations have been levelled against the appellants. No offence is made out under the provisions of the SC/ST Act against them. The appellants have not taken the caste name of the informant in public view and they had no intention to disgrace his image. It is further submitted by learned counsel for the appellants that similarly situated other co-accused person has already been granted privilege of anticipatory bail by a different co-ordinate Bench.

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

Patna High Court CR. APP (SJ) No.1769 of 2022(3) dt.03-11-2022 3/3 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 14.02.2020 passed in A.B.P. No. 328 of 2022 is hereby set aside.

The appellants are directed to be enlarged on bail in connection with Parsa P.S. Case No. 395 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 3rd Additional Sessions Judge-cumSpecial Judge, Sc/ST (POA) Act, Saran at Chapra. (Sunil Kumar Panwar, J) sushma/- U