Manish Kumar Rai @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2339 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== MANISH KUMAR RAI @ MANISH KUMAR S/o Krishna Rai Resident of village-Akbarpur, P.S.-Sitapur, Dist-Saran at Chapra ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rabindra Kumar Tiwari, Adv.

For the Respondent/s :

Mrs.Usha Kumari 1, Spl.P.P.

For the Informant :

Mr.Nalin Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2023 Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned Spl.P.P. for the State. 2.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 26.04.2023, passed by learned 3rd Additional Sessions Judge cum SC/ST Special Court, Saran, in connection with Dariyapur P.S. Case No.90 of 2023, registered under sections 341, 323, 324, 379, 427, 504, 506, 34 of the IPC and sections 3(1)(r)(s), 3(2)(va) of the SC/ST (POA) Act. 3.

Allegation against the appellant is that he along with other accused persons abused the informant by taking caste

Patna High Court CR. APP (SJ) No.2339 of 2023(5) dt.13-09-2023 2/3 name and on protest they assaulted the informant. 4.

It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence as alleged has ever taken place. Appellant has been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellant as the occurrence is not said to have taken place in the public view as the occurrence has taken place at 11.30 in the night. There is general and omnibus allegation against the appellant and other accused persons. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries. Appellant has no criminal antecedent.

5.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail by submitting that the appellant is also involved in the present case but have fairly accepted that there is general and omnibus allegation against the appellant.

6.

Considering the facts and circumstances of the case, the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail

Patna High Court CR. APP (SJ) No.2339 of 2023(5) dt.13-09-2023 3/3 bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge cum SC/ST Special Court, Saran, in connection with Dariyapur P.S. Case No.90 of 2023, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

7.

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

(Anjani Kumar Sharan, J) pallavi/- U T