Dhiri Singh @ Dhiru Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2222 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== DHIRI SINGH @ DHIRU SINGH Son of Late Kriapal Singh Resident of Village- Bhanokhap, P.S.- Nabinagar, District- Aurangabad. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajendra Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 06.04.2019 passed by learned 1st Additional Sessions Judge-Cum-Special Judge, (SC/ST) Aurangabad in connection with Niabinagar P.S. Case No. 38 of 2018, registered under Sections 341, 323, 34 of the Indian Penal Code and also under Section 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant and co-accused Ram Pukar Singh are said

Patna High Court CR. APP (SJ) No.2222 of 2019(3) dt.12-07-2019 2/3 to have Stalled Gumti on the land of the informant and on protest made by the informant they gave him chase to assault slating him.

It is submitted by the learned counsel for the appellant that no such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. He never encroached the land of the informant. As a matter of fact, regarding alleged encroachment of land proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956 has been initiated against the appellant and notice has been issued against him by the C.O. Navinagar as per annexure of the F.I.R itself. As the appellant has not encroached the land of the informant hence, no question of slating him by the appellant arises. The aforesaid allegation of slating levelled against the appellant is not specific rather general and omnibus in nature and is superfluous. He has no criminal antecedent. Learned Spl. P.P. for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs.

Patna High Court CR. APP (SJ) No.2222 of 2019(3) dt.12-07-2019 3/3 10,000/- (Rupees 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, Aurangabad in connection with Nabinagar P.S. Case No. 38 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) T.Kr./- U T