Prem Sagar Singh @ Prem Sagar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2421 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- SC/ST District- Jehanabad ====================================================== PREM SAGAR SINGH @ PREM SAGAR SHARMA son of Late Ram Nandan Singh Village- Waina Ps- Ghoshi Dist- Jehanabad ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Sadhu Saran Das son of Late Basudev Das Village- Waina Ps- Ghoshi DistJehanabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gajendra Kumar Singh For the Respondent/s :

Mrs. Usha Kumari 1 Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2023 Heard the parties.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 13.03.2023 passed by learned Exclusive 1st Additional District Judge cum Special Judge (SC/ST Act), Jehanabad in connection with Jehanabad SC/ST P.S. Case No. 29 of 2022, registered under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code and Section 3(1) (r) (s) & 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. Allegedly, while the informant, who is up-mukhiya of

Patna High Court CR. APP (SJ) No.2421 of 2023(3) dt.13-09-2023 2/3 Gram Panchayat Gandhar was returning to District Magistrate, the accused persons including the appellant is said to have abused and assaulted him.

4. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. The allegation of assault levelled against the appellant is not specific rather general and omnibus in nature. There is inordinate delay of eight days in lodging the case without assigning any plausible explanation for the said delay which creates serious doubt about the prosecution case. He further submits that earlier the appellant's side filed a case against the informant thereafter, the present case has been filed by the informant. Appellant one criminal antecedent, as mentioned in para-3 of memo of appeal.

5. Learned Spl. PP for the State as well as learned counsel for the informant opposed the prayer for bail. It is submitted by the learned counsel for the informant that the appellant has suppressed his criminal history. He further submits that there is no delay in lodging of the FIR, as the informant gave a written statement before the concerned SHO, but he did not registered the case and later on, on the order of Superintendent of Police,

Patna High Court CR. APP (SJ) No.2421 of 2023(3) dt.13-09-2023 3/3 Jehanabad the present case has been registered.

6. In the facts and circumstances of the case, as it is an admitted fact that earlier the appellant's side filed a case against the informant thereafter, the informant filed the present case against the appellants, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged 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 the learned Exclusive 1st Additional District Judge cum Special Judge (SC/ST Act), Jehanabad in connection with Jehanabad SC/ST P.S. Case No. 29 of 2022, 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) shikha/- U T