Ajit Kumar Sharma @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1749 of 2019 Arising Out of PS. Case No.-645 Year-2014 Thana- NAUBATPUR District- Patna ====================================================== 1.

AJIT KUMAR SHARMA @ AJIT SINGH Son of Ram Nath Sharma Resident of Village - Bela, P.O.- Bela Tarhari, P.S.- Naubatpur, District- Patna 2.

Chintu Kumar Son of Gunjan Singh Resident of Village - Bela, P.O.- Bela Tarhari, P.S.- Naubatpur, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sri Krishna Ranjan For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 07.03.2019 passed by learned Special Judge SC/ST Act, Patna in connection with Naubatpur P.S. Case No. 645 of 2014 registered under Sections 147, 148, 194, 323, 504, 427 and 379 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(1)(x)(xi) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected.

Learned counsel appearing for the appellants submits that the appellants are innocent and have not committed any offence. In fact, the appellants have been made accused in

Patna High Court CR. APP (SJ) No.1749 of 2019 dt.29-04-2019 2/2 this case due to previous enmity and several false cases have been lodged by the informant against the appellants, which is evident from Annexure-2 series. No specific case is made out against these appellants. Hence, the appellants may be granted the privilege of pre-arrest bail.

Considering the facts and circumstances of the case, let the above named appellants in the event of their surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Patna in connection with Naubatpur P.S. Case No. 645 of 2014 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

(Arvind Srivastava, J) brajesh/- AFR/NAFR CAV DATE Uploading Date Transmission Date