Chhotu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2266 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- MARANCHI District- Patna ====================================================== CHHOTU MAHTO S/o of Barahil Mahto Resident of Village- Rajesh Nagar, Police Station- Maranchi, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Jarikani Devi Wife of Chandramauli Paswan Resident of Village- Malpur, Police Station- Maranchi, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Harsh Vardhan For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 24.03.2023 passed by learned Special Judge SC/ST Act, Patna whereby the prayer for bail of the appellant in connection with Maranchi P.S. Case No. 175 of 2022 under Sections 341, 323, 385, 387, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(r)(s) and 3(2)(va) of the SC/ST Act was rejected.

3. It is a case of assaulting and demanding ransom money from the informant, which has received to the informant under Indira Awas Scheme. It is further alleged that the accused

Patna High Court CR. APP (SJ) No.2266 of 2023(5) dt.12-10-2023 2/3 persons including appellant assaulted and abused the informant and they also snatched silver chain, gold ear-ring from the informant.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. He has committed no offence. There is no specific allegation against the appellant rather general and omnibus allegation levelled against him. Charge-sheet has already been submitted against the appellant. Appellant has got no criminal antecedent as stated in the para-3 of the bail petition. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. The appellant has no intention to disgrace the image of the informant in public view. He is languishing in judicial custody since 09.01.2023.

5. The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 24.03.2023 arising out of Maranchi P.S. Case No. 175 of 2022 is hereby set aside.

7. The appellant is directed to be enlarged on bail in

Patna High Court CR. APP (SJ) No.2266 of 2023(5) dt.12-10-2023 3/3 connection with Maranchi P.S. Case No. 175 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge SC/ST, Patna.

(Sunil Kumar Panwar, J) Arish/- U T