Rajiv Ranjan @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2617 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== RAJIV RANJAN @ MUKHIYA Son of Arun Prasad @ Arun Kumar Resident of village- Deharpur, P.s- Ghoshi, Dist- Jehanabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Amrendra Kumar Ram Son of Not Known Police Assistant Sub-Inspector, P.S- Ghosi, Dist- Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivendra Prasad For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 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 05.07.2022 passed by learned 1st Additional

Patna High Court CR. APP (SJ) No.2617 of 2022(2) dt.05-09-2022 2/3 Sessions Judge cum Special Judge (SC/ST Act), Jehanabad in connection with Ghosi P.S. Case No. 09 of 2022 registered under Sections 341, 342, 323, 332, 279, 337, 307, 353, 379, 504 & 506/34 of the Indian Penal Code and Section 3(1) (r) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

While the informant on duty, 20-25 unknown persons armed with lathi, danda and iron rod came at the place of occurrence and started abusing the informant in his caste name and they also assaulted the informant and other police officials.

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 village Chaukidar due to previous enmity. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Appellant has one criminal antecedent as mentioned in para-3 of this memo of appeal.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender

Patna High Court CR. APP (SJ) No.2617 of 2022(2) dt.05-09-2022 3/3 before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), Jehanabad in connection with Ghosi P.S. Case No.09 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.

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