Alok Kumar Singh @ Alok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1806 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== ALOK KUMAR SINGH @ ALOK SINGH S/o Late Ashok Singh Resident of Village - Harpur Fatikwara, P.S. - Mahnar, District - Vaishali. ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sunil Kumar Singh For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
Despite information given by learned Special P.P. for the State regarding hearing of the case, none appears on behalf of the informant today.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 09.03.2022, passed by learned Special Judge, S.C./S.T., Vaishali at Hajipur in connection with Mahnar P.S. Case No.294 of 2021, registered under Sections 341, 504, 427 of the Indian Penal Code and Sections 3(r)(s)(v) of the SC/ST Act. According to the FIR, the informant has alleged that
Patna High Court CR. APP (SJ) No.1806 of 2022(5) dt.18-01-2023 2/3 on 13.09.2021 at 4.35 P.M., while he alongwith his wife was returning from the school to his home, the appellant broke the glass of his car and abused him by naming his caste. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that the appellant has got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that the occurrence took place on 13.09.2021, but the FIR was lodged on 22.09.2021 after delay of nine days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellant by submitting that there is specific allegation against the appellant that he abused the informant by naming his caste.
Considering the fact that the FIR was lodged after nine days of the occurrence, let appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released 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 learned Special Judge, SC/ST, Vaishali at Hajipur
Patna High Court CR. APP (SJ) No.1806 of 2022(5) dt.18-01-2023 3/3 in connection with Mahnar P.S. Case No.294 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, the impugned order is set aside and the appeal is allowed.
(Anjani Kumar Sharan, J) S.KUMAR/- U T