Shankar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2173 of 2022 Arising Out of PS. Case No.-249 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== SHANKAR RAM Son of Yoganand Ram Resident of Village - Raniganj, P.S. - Raniganj, District - Araria.
... ... Appellant/s
Versus
1.
The State of Bihar 2.
Babaji Rishideo Son of Late Moti Das Resident of Village - Dharmganj, Ward No. 8, P.S. - Palasi, District - Araria. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Mrigendra Kumar For the Respondent/s :
Mrs. Usha Kumari 1 :
Mr. Madhav Jha, :
Mr. Kanchan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
Learned Special Public Prosecutor for the State informs this Court that he has complied the order dated 21.07.2022 but nobody appeared on behalf of the respondent no.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 20.05.2022 passed by learned 1st Additional Sessions Judge-Cum-Special Judge, Araria in connection with Complaint Case No. 249 of 2020, registered under Sections 323, 420 and 467 of the Indian Penal Code and Sections 3(i)(r), 3(i)
Patna High Court CR. APP (SJ) No.2173 of 2022(3) dt.12-04-2023 2/3 (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
As per the prosecution case, while the complainant was ploughing his land by tractor the co-accused persons along with their associates came over the land stopped ploughing by producing forged paper and claimed the land, by abusing him with caste name and on protest the assaulted with fist and slap. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. The appellant also belongs to SC/ST community, therefore, no case is made out against the appellant under SC/ST Act. There is civil dispute between the parties. Appellant has got one criminal antecedent as mentioned in para-3 of memo of appeal. Learned Spl. PP for the State opposes the prayer for bail but not denied the fact that there is a civil dispute between the parties.
In the facts and circumstances of the case, 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 learned 1st Additional
Patna High Court CR. APP (SJ) No.2173 of 2022(3) dt.12-04-2023 3/3 Sessions Judge-Cum-Special Judge, Araria in connection with Complaint Case No. 249 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) ajay/- U T