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Patna High CourtCR. APP (SJ)/2518/2022allowed

Ajay Singh @ Ajay Kumar Singh v. The State Of Bihar

2022-09-27Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2518 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- GURUA District- Gaya ====================================================== AJAY SINGH @ AJAY KUMAR SINGH Son of Baneshwar Singh Resident of Village - Baheri, P.s.- Gurua, Distt.- Gaya. ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Ravi nandan Ravidas Son of Brish Bhan Ravidas Resident of Village - Nadauri, P.s.- Gurua, Distt.- Gaya.

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

For the Appellant/s :

Mr.Dr. Gajendra Prasad Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-09-2022 Heard learned counsel for the appellant.

None appeared on behalf of the informant.

Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 20.06.2022, in connection with Gurua P.S.Case No. 08 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 504, 379 and 120(B) of the Indian Penal Code and Section 3(i)(r) of SC and ST (Prevention of Atrocities) Act,

Patna High Court CR. APP (SJ) No.2518 of 2022(2) dt.27-09-2022 2/3 whereby the prayer for anticipatory bail of the appellant has been rejected.

As per allegation, when the informant Ravi Nandan Ravidas was engaged in cleaning work, two teachers namely Champa Kumari and Nishee Kumari came there and they asked him as to why he sent their videos to the B.R.C. When the informant denied, the accused persons abused him by calling his caste name. They also snatched Rs. 5000/- from his pocket. Learned counsel for the appellant has submitted that the entire allegation is false and frivolous. The recitals of the FIR do not attract the provision of SC/ST Act and on similar footing co-accused Champa Kumari and Nisheee Kumari have been granted anticipatory bail by a coordinate Bench of this Court.

Considering the facts and circumstances, the appeal is allowed and the impugned order dated 20.06.2022 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellant, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST, Gaya in connection with Gurua P.S.Case No. 08 of 2022.

Patna High Court CR. APP (SJ) No.2518 of 2022(2) dt.27-09-2022 3/3 Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T