Satish Thakur @ Thakur Abhishek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3210 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- SAHAJITPUR District- Saran ====================================================== SATISH THAKUR @ THAKUR ABHISHEK RAJ, Son of Dina Nath Thakur Resident of Village - Shripur, P.S.- Sahajitpur, District - Saran at Chapra. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sandeep Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2021 Heard Mr. Sandeep Kumar, learned Advocate for the appellant and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

The appellant has challenged the order, dated 22.02.2021 passed by the learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act, in connection with ABP No. 399 of 2021, arising out of Sahajitpur P. S. Case No. 55 of 2020, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences punishable under Sections 341, 323 and 324 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and

Patna High Court CR. APP (SJ) No.3210 of 2021(2) dt.26-08-2021 2/3 Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

The accusation against the appellant is of having assaulted and abused the informant.

Though a story has been narrated that because of a dispute regarding wages, such an occurrence had taken place but the fact of the matter is that the informant had taken loan from his employer, namely, the appellant, who is a brick-kiln owner and when that amount was deducted from the daily-wages, the informant has chosen to file this false case. There is nothing in the accusation which can lend credence to the charge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Regard being had to the afore-stated facts, the order dated 22.02.2021, passed by the learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act, is set aside.

Patna High Court CR. APP (SJ) No.3210 of 2021(2) dt.26-08-2021 3/3 The appeal stands allowed.

The appellant, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge SC/ST (POA) Act in connection with Sahajitpur P. S. Case No. 55 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U T