Arup Mukharjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3170 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- SC/ST District- Saran ====================================================== Arup Mukharjee Son Of Late Arun Mukharje Resident Of Village - Mohalla - 7th Floor Nayara Energy Ltd. Unit No.708, One Mall Dak Bunglow Chouraha, P.S.- Kotawali, Dist.- Patna.

... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Tej Pratap Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

Though the Vakalatnama has already been filed on behalf of the respondent no. 2 but no one has appeared on his behalf. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 02.07.2021, passed by learned 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, Saran at Chapra in connection with SC/ST P.S. Case No. 18 of 2021, registered under Section 323 of the IPC and Sections 3 (i) (r) (s) of the SC/ST Act.

It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the appellant. He submits that occurrence took place on

Patna High Court CR. APP (SJ) No.3170 of 2021(2) dt.16-05-2022 2/2 28.01.2021 but FIR has been lodged on 01.03.2021. He submits that the appellant was in Ranchi from 27.01.2021 to 29.01.2021 in connection with work of Nayara Energy Limited and he stayed at Hotel Jade Square and this fact may easily be ascertained from CCTV of Hotel in question as well as Tower Location. He further submits that appellant has no criminal antecedent as stated in para3 of this appeal. Learned Spl. PP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, 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 1st Additional Sessions Judge-cum-Special Judge, Saran at Chhapra in connection with SC/ST P.S. Case No. 18 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and the appeal is allowed.

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