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Patna High CourtCR. APP (SJ)/2069/2020bail granted

Shatrudhan Ray @ Shatruhan Rai v. The State Of Bihar

2021-02-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2069 of 2020 Arising Out of PS. Case No.-185 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== SHATRUDHAN RAY @ SHATRUHAN RAI Son of Late Ram Chandra Rai @ Dahaur Rai Resident of Village - Sangar, Police Station - Tajpur, District - Samastipur.

... ... Appellant.

Versus

The State of Bihar ... ... Respondent.

====================================================== Appearance :

For the Appellant :

Mr. Bijay Bhushan Prasad, Advocate.

For the State :

Mr. Binay Krishna, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-02-2021 As prayed for, let the learned counsel for the appellant remove the defect(s), as pointed out by the Stamp Reporter, flagged at 'A", within four weeks of starting of the Court proceeding in physical mode.

Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State.

This appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is directed against the impugned order dated 12.06.2020 passed by the Additional Sessions Judge-I-cum- Special Judge, SC/ST (POA) Act, Samastipur, rejecting the application of the appellant to grant him bail in Tajpur P.S. Case No.185 of 2020, registered under Sections 307, 323, 341 and 504 of the Indian Penal Code and Sections 3 (2) (va) of the SC/ST (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2069 of 2020(2) dt.20-02-2021 2/2 The prosecution case, in brief, is that when the informant Shivchandra Sada was in the way, at that time, the appellant stopped him and made complaint why he is not doing his work on which the informant made complaint that the wages is not being paid properly to him. Thereafter, the appellant started to abuse to the informant denoting his caste name and also caused injury to him through bottle at his head.

Learned counsel for the appellant submits due to dirty village politics, the appellant has falsely been implicated in this case by the informant. The appellant has no criminal antecedent and is in custody since 07.06.2020.

Having considered the facts and the circumstances of the case, the impugned order dated 12.06.2020 is set aside and this appeal is allowed. The appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge, SC/ST (POA) Act, Samastipur, in connection with Tajpur P.S. Case No.185 of 2020.

(Rajendra Kumar Mishra, J) P.S./- U