Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.517 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

Rajendra Mahto S/o Late Deonath Mahto 2.

Ashok Kumar S/o Rajendra Mahto 3.

Pawan Kumar S/o Rajendra Mahto all R/o village- Ghusiya Kalan, P.S.- Bikramganj, District- Rohtas ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pushpa Devi Sanjay chaudhary At village- Ghusiya Kala, P.S.- Bikramganj, Dist.- Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2022 Learned counsel for the appellants does not want to press the bail application with regard to appellant no. 1. Accordingly, this appeal is dismissed as not pressed with regard to appellant no. 1.

Vide order dated 02.11.2021, notice was issued to respondent no. 2. Office pointed out that despite valid service of notice, no one appears on his behalf.

Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the

Patna High Court CR. APP (SJ) No.517 of 2021(4) dt.22-03-2022 2/3 refusal of prayer for bail vide order dated 09.10.2020, passed by learned 1st Additional District and Sessions Judge, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 232 of 2020, registered under Sections 341, 323, 504, 379 of the IPC and Sections 3 (i) (v) (r) of the SC/ST Act.

Appellants are said to have abused the informant by taking caste name and also assaulted him due to which he sustained injury on his arms and back and snatched away Rs.2000/- It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the appellants and the injury found upon the informant is simple in nature. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal. Learned Spl. PP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 232 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. APP (SJ) No.517 of 2021(4) dt.22-03-2022 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

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