Santosh Jaiswal @ Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.341 of 2021 Arising Out of PS. Case No.-96 Year-2018 Thana- LAUKARIA District- West Champaran ====================================================== 1.

SANTOSH JAISWAL @ SANTOSH PRASAD, S/o Jawahir Jaiswal R/o Village- Harnatand, P.S.- Laukariya, District- West Champaran. 2.

Manoj Jaiswal, S/o Shambhu Jaiswal R/o Village- Harnatand, P.S.- Laukariya, District- West Champaran.

3.

Samsad, S/o Roj Miyan R/o Village- Harnatand, P.S.- Laukariya, DistrictWest Champaran. 4.

Rahul Jaiswal, S/o Dinanath Jaiswal R/o Village- Harnatand, P.S.- Laukariya, District- West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2021 Heard Mr. Bimlesh Kumar Pandey, learned Advocate for the appellants and Mr. Binay Krishna, learned Special Public Prosecutor for the State. This appeal is directed against the order 03.07.2020, passed by the learned Additional District and Sessions Judge 1st cum Special Judge, West Champaran at Bettiah, in ABP No. 543 of 2020, arising out of Laukariya P. S. Case No. 96 of 2018, whereby the prayer made on behalf of the appellants for grant of

Patna High Court CR. APP (SJ) No.341 of 2021(2) dt.29-06-2021 2/3 anticipatory bail for the offences punishable under Sections 147, 148, 149, 323, 341, 386, 504, 506 and 379 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

The learned counsel for the appellants has submitted that the accusations are very trivial and therefore peace has been restored between the parties. The prosecution side has resolved not to prosecute the appellants hereinafter.

The injuries received by the informant have been reported to be simple in nature.

Considering the afore-stated facts, it does not appear to be a case where the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 could be attracted.

For the afore-stated reasons, the appeal is allowed.

The order dated 03.07.2020, passed by the

Patna High Court CR. APP (SJ) No.341 of 2021(2) dt.29-06-2021 3/3 learned Additional District and Sessions Judge 1st cum Special Judge, West Champaran at Bettiah, is set aside The appellants, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st cum Special Judge, West Champaran at Bettiah, in connection with Laukariya P. S. Case No. 96 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U T