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Patna High CourtCR. APP (SJ)/3565/2021dismissed

Amarjeet Singh @ Kaju v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3565 of 2021 Arising Out of PS. Case No.-91 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== AMARJEET SINGH @ KAJU Son of Paramhansh Singh @ Paramhash Kumar Singh Resident of Village - Chamarhara Naya Tola, P.S.- Mahnar, District - Vaishali at Hajipur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Niranjan Parihar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned counsel for the appellant undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

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 11.08.2021 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), Vaishali at Hajipur in connection with Mahnar P.S. Case No. 91/2021

Patna High Court CR. APP (SJ) No.3565 of 2021(2) dt.12-07-2022 2/2 registered under Sections 504 & 353 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It has been alleged in the F.I.R. that the appellants have abused and assaulted the members of the prosecution party. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Appellant has no criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail submitting that from perusal of the F.I.R. it is clear that the appellant has abused the informant by his caste name. In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.

Accordingly, this appeal is dismissed.

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