Guddu Singh @ Narendra Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3891 of 2021 Arising Out of PS. Case No.-50 Year-2021 Thana- SC/ST District- Rohtas ====================================================== GUDDU SINGH @ NARENDRA SINGH YADAV, Son of Dinesh Singh Resident of Village - Shivpur Chitauli, P.S.- Sasaram (Muffasil), District - Rohtas.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shankar Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-10-2021 Heard Mr. Vikram Deo Singh, learned Advocate for the appellant and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

The appellant has challenged the order, dated 23.08.2021, passed by the learned 1st Additional District and Sessions Judge-cum-Special Judge, Rohtas at Sasaram, in connection SC/ST Dehri P. S. Case No. 50 of 2021, dated 26.05.2021, whereby the prayer made on behalf of the appellant for grant of anticipatory bail for the offences punishable under Sections 341, 323, 379, 427, 504, 506 and 34 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.3891 of 2021(2) dt.08-10-2021 2/3 and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.

The accusation against the appellant is of having assaulted and abused the members of prosecution party.

The learned counsel for the appellant has submitted that the dispute arose because of purchase and sale of eggs and the accusation under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is highly exaggerated.

The father of the appellant has also filed a complaint vide Complaint Case No. 338 of 2021 against the informant and others.

Regard being had to the general nature of accusation and the allegation of the breach of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 not being made out from the facts of the case, the order dated 23.08.2021, passed by the

Patna High Court CR. APP (SJ) No.3891 of 2021(2) dt.08-10-2021 3/3 learned 1st Additional District and Sessions Judge-cumSpecial Judge, Rohtas at Sasaram, is set aside. The appeal stands allowed.

The appellant, above-named, is directed to be released on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P. S. Case No. 50 of 2021, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U T