Chunnu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2779 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- WARISLIGANJ District- Nawada ====================================================== CHUNNU KHAN S/O LALU KHAN @ MANIR KHAN R/O VillageMurlachak Ward No.-5, P.S- Warisaliganj, Distt.- Nawada. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Rajeev Kumar @ Raja S/O Saho Ravidas R/O Village- Murlachak Dihpar, Ward No. 05, Warisaliganj, Distt.- Nawada.

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

For the Appellant/s :

Mr. Dilip Kumar No. 1 For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

In compliance of the order dated 28.06.2023, learned Spl.PP for the State informed the informant to appear in the present case through his counsel but nobody entered appearance on his behalf.

3.

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 29.05.2023, passed by learned Incharge Special Judge (S.C./S.T. Act), Nawada in connection with Warisaliganj P.S. Case No. 97

Patna High Court CR. APP (SJ) No.2779 of 2023(3) dt.26-07-2023 2/3 of 2020, registered under Sections 302, 307 and other allied Sections of the Indian Penal Code, Section 27 of Arms Act, and Section 1(1) (r) (s), 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4.

Allegedly, the appellant along with other co-accused persons abused the informant's side by taking caste name and also fired upon them with intention to kill them. The uncle of the informant and the neighbour started running from their house to save themselves. It is also alleged that the accused persons including the petitioner assaulted them by means of sword and iron rod.

5.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case at the instance of his enemies. The appellant is just a member of the mob and there is no specific overt act against the appellant. He further submits that the specific allegation is against the co-accused Md. Irfan to open fire and he has been acquitted by the learned Court below itself. Appellant has one criminal antecedent as mentioned in para-3 of this memo of appeal.

Patna High Court CR. APP (SJ) No.2779 of 2023(3) dt.26-07-2023 3/3 6.

Learned Spl. PP for the State opposed the prayer for bail. 7.

In the facts and circumstances of the case as there is no specific overt act against the appellant, 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 released 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 the learned Incharge Special Judge (S.C./S.T. Act), Nawada in connection with Warisaliganj P.S. Case No. 97 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

8.

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

(Anjani Kumar Sharan, J) shikha/- U T