Banka Prasad @ Bankeshwar Prasad @ Mankeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2183 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Banka Prasad @ Bankeshwar Prasad @ Mankeshwar Prasad Son Of Late Mathura Prasad R/O- Vill- Mill Bahuari, P.S.- Ramnagar, Dist.- West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 06.06.2022 passed by learned 1st Additional Sessions 71 of 2022 instituted for the offences punishable under Sections 341, 323, 324, 354, 379, 447, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on bail has been rejected.

Patna High Court CR. APP (SJ) No.2183 of 2022(5) dt.19-01-2023 2/3 The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is general and omnibus allegation against the appellant. The specific accusation of making assault with farsa to the informant is against Shiv Manjhi. As per F.I.R, the occurrence did not take place in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. The appellant is languishing in custody since 19.05.2022. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 06.06.2022 passed by learned 1st Additional Sessions 71 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be

Patna High Court CR. APP (SJ) No.2183 of 2022(5) dt.19-01-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions 71 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T