Ram Gyan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1777 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== RAM GYAN MAHTO S/o Nand Lal Mahto Resident of Village-Manjhoul (maheshwara), P.S.-Cheriyabariyarpur, District-Begusarai.... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sabal Kumar Jha For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the appellant and Sri Sadanand Paswan, the learned Spl.P.P. for the State. The present appeal has been preferred under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act, 1989") against the refusal of prayer of anticipatory bail vide order dated 07.07.2020, passed by the learned Special Judge, SC/ST (POA) Begusarai arising out of Cheriyabariyarpur PS case no. 49 of 2020 under Sections 307 and other allied sections of Indian Penal Code, 27 of Arms Act and 3(2)(va) of the Act, 1989. The case of the prosecution in brief is that on 23.03.2020 at about 7.30 pm in the evening, the accused persons including the appellant herein had arrived at the
Patna High Court CR. APP (SJ) No.1777 of 2020(3) dt.04-01-2021 2/3 house of the informant, whereafter they had demanded a sum of Rs. 2 lacs by way of extortion money and had also engaged in assaulting the informant.
The learned counsel for the appellant has submitted that the appellant is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted by the learned counsel for the appellant that a general and omnibus allegation has been levelled against the appellant herein and moreover, no specific allegation of taking any sort of caste specific name has been alleged as far as the appellant is concerned, hence no offence is made out under the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Per contra, the learned Spl.PP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties, taking into account the fact that there is no allegation of taking any sort of caste specific name and moreover, a general and omnibus allegation of assault
Patna High Court CR. APP (SJ) No.1777 of 2020(3) dt.04-01-2021 3/3 has been levelled against him, I deem it fit and proper to admit the appellant to the privilege of anticipatory bail. Accordingly, let the abovenamed appellant, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (ST/SC(POA)) Act, Begusarai in connection with Cheribariyarpur PS case no. 49 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. Accordingly, the impugned order dated 07.07.2020 passed by the court of learned Special Judge (ST/SC(POA)) Act, Begusarai in connection with Cheribariyarpur PS case no. 49 of 2020 is hereby set aside. The appeal stands allowed.
(Mohit Kumar Shah, J) rinkee/- U T