Tetar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1931 of 2019 Arising Out of PS. Case No.-523 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== TETAR KUMAR Son of Vidhya Rai Resident of Village- Naya Tola, Raghopur, P.S.- Bakhtiyarpur, District- Patna..................... ... Appellant/s

Versus

THE STATE OF BIHAR ......................................... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhirendra Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 20-06-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 11.03.2019 passed by learned Special Judge, Excise, Patna in connection with Bakhtiyarpur P.S. Case No. 523 of 2018 registered under Sections 323, 341, 353/34 of the Indian Penal Code and Section 37 (c) of the Bihar Excise and Prohibition, Act and also Section 3 (i) (r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have created nuisance at the public place in inebriated condition.

It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has

Patna High Court CR. APP (SJ) No.1931 of 2019 dt.20-06-2019 2/2 no concern with the aforesaid occurrence. Appellant has been falsely implicated in this case at the instance of his enemies. He happens to be a teetotaller. He had never consumed liquor. He has no concern with the other accused persons. He has no criminal antecedent. He has been languishing in custody since 21.10.2018. Learned Spl. P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, in connection with Bakhtiyarpur P.S. Case No. 523 of 2018.

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

(Prakash Chandra Jaiswal, J) T.Kr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.6.2019 Transmission Date 24.6.2019