Pravin Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.450 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- CHANAN District- Lakhisarai ====================================================== PRAVIN KUMAR @ GOLU S/o Satish Yadav Residence of Village - Nista, P.O. and P.S. - Surajgarha, District - Lakhisarai-811106 ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Vaibhaw Kumar Not Known S.H.O. of Chanan, P.S.- Chanan, DistrictLakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Alok Ranjan For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2022 Heard Mr. Rajendra Narayan, learned Senior Counsel assisted by Mr. Alok Ranjan, learned counsel for the appellant and learned Special P.P. for the State.

The informant is a police officer, therefore, no notice is required to be issued to respondent no.2. The respondent no.2 is represented by learned Special P.P.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 14.02.2020, passed by learned Additional Sessions Judge-1stcum-(Special Judge-SC/ST), Lakhisarai in connection with

Patna High Court CR. APP (SJ) No.450 of 2021(4) dt.05-04-2022 2/3 Chanan P.S. Case No.11 of 2020, registered under Sections 186, 332, 353, 379, 427 and 34 of the Indian Penal Code, Section 3 of Bihar Prevention of Defacement of Property Act as well as under Section 3(i)(r)(s) of the SC/ST Act.

Learned Senior Counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that there is general and omnibus allegation against all the accused persons including the appellant. It is further submitted that similarly situated other coaccused persons have already been enlarged on anticipatory bail vide order dated 06.10.2020, passed in Criminal Appeal (SJ) No.1160 of 2020.

Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellant.

Taking into consideration the fact that similarly situated other co-accused persons have already been enlarged on anticipatory bail, let appellant, above named, in the event of his arrest or surrender 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 learned Additional Sessions Judge-1st-cum-

Patna High Court CR. APP (SJ) No.450 of 2021(4) dt.05-04-2022 3/3 (Special Judge-SC/ST), Lakhisarai in connection with Chanan P.S. Case No.11 of 2020, subject to the conditions 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.) Sanjay/- U T