Ashok Prasad @ Ashok Sao @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3909 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- DANIYAWAN District- Patna ====================================================== Ashok Prasad @ Ashok Sao @ Ashok Kumar Son Of Chandeshwar Prasad @ Chandeshwar Sao Resident Of Village - Arai Benipur, P.S.- Daniyawan, District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Chandan Paswan Son of Rajendra Paswan R/o-vill Madwa, P.S.-Daniyawan, Dist-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Though the Vakalatnama has already been filed by the respondent no. 2 but nobody has appeared on his behalf. 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 refusal of prayer for bail vide order dated 29.06.2021, passed by learned Additional District and Sessions Judge-III-cum-Special Judge, SC/ST, Patna in connection with Special Case No. 438 of 2020 arising out of Daniyawan P.S. Case No. 119 of 2020, registered under Sections 147, 148, 149, 302, 120B of the IPC, Section 27 of the Arms Act and Sections 3(i) (r) (S)/ 3(2)(va)of

Patna High Court CR. APP (SJ) No.3909 of 2021(7) dt.02-11-2022 2/3 SC/ST Act.

Appellant along with other co-accused person are said to have committed murder of the brother of the informant. It is submitted by learned counsel for the appellants that the appellant is innocent and has been falsely implicated in this case. He submits that there is specific allegation against coaccused Dayanand Paswan. He submits that there is no specific allegation against the appellant to abuse the informant and his family member by taking caste name. He further submits that appellant has two criminal antecedent as stated in para-3 of this appeal.

Considering the facts and circumstances of the case, let the above named appellant in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III-cum-Special Judge, SC/ST, Patna in connection with Special Case No. 438 of 2020 arising out of Daniyawan P.S. Case No. 119 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.3909 of 2021(7) dt.02-11-2022 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

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