Abhishek Kumar @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2437 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- SC/ST District- Bhojpur ====================================================== 1.

ABHISHEK KUMAR @ ABHISHEK SINGH S/O SURENDRA SINGH Resident of village- Amari Nawada, P.S.- Behiya, District- Bhojpur. 2.

SHILENDRA SINGH @ SHAILENDRA KUMAR SINGH S/O RAM BHAGWAN SINGH Resident of village- Amari Nawada, P.S.- Behiya, District- Bhojpur.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ram Narayan Ram Lal Mohar Ram Resident of Village- Narayanpur, P.S.- Bihiya, District- Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhirendra Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 In spite of valid service of notice on respondent no.2, he did not appear.

Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 17.06.2022 passed by learned 1st A.D.J.-cum-Special Judge, SC & ST Act, Bhojpur, Ara in connection with SC/ST (K) P.S. Case No.15 of 2022 registered under Sections 323, 341, 504, 506 and 34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the

Patna High Court CR. APP (SJ) No.2437 of 2022(8) dt.18-05-2023 2/2 appellants has been rejected.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. It is further submitted that there is no specific allegation against the appellants. No injury has been found on the body of the informant and others as alleged in the F.I.R. The appellants have no criminal antecedent.

Considering the above facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 1st A.D.J.-cum-Special Judge, SC & ST Act, Bhojpur, Ara in connection with SC/ST (K) P.S. Case No.15 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Arvind Srivastava, J) Harish/- U T