Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2628 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== SACHIN SINGH S/o Kashi Nath Singh Resident of Village- Sahuka, P.S.- Ramgarh, District- Kaimur at Bhabua.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dharmendra Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 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 of resumption of normal court proceeding. In the eventuality of non-removal 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 20.06.2022 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST Act), Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 137 of 2022

Patna High Court CR. APP (SJ) No.2628 of 2022(2) dt.31-08-2022 2/3 registered under Sections 341, 323, 324 & 504/34 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case, in brief, is that while the informant was repairing his tractor, the appellant is said to hae come and slated him in the name of his caste. He assaulted him by means of knife sustaining injury in his back and abdomen. When the elder son of the informant rushed in his rescue, he was assaulted by fist and kicks.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in the case at the instance of his enemies. The allegation of assault levelled against the appellant is not specific rather general and omnibus in nature. As a matter of fact, the informant wants illegal money from the appellant and when which was not fulfilled, this false and frivolous case has been lodged against him. Appellant has no criminal antecedent. Learned Spl. PP for the State opposed the prayer for bail and submitted that considering the seriousness of the allegation, the appellant does not deserve anticipatory bail. In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. The prayer for bail is

Patna High Court CR. APP (SJ) No.2628 of 2022(2) dt.31-08-2022 3/3 hereby rejected.

Accordingly, this appeal is dismissed.

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