Ramashankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.154 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- SC/ST District- Rohtas ====================================================== 1.

RAMASHANKAR SINGH S/O Kamta Prasad Singh Resident of Village - Majhiaon, P.S. - Darihat, District - Rohtas.

2.

RAVISH KUMAR SINGH Son of Kamta Prasad Singh Resident of Village - Majhiaon, P.S. - Darihat, District - Rohtas.

3.

RANJAN SINGH @ PRIYA RANJAN KUMAR Son of Kamta Prasad Singh Resident of Village - Majhiaon, P.S. - Darihat, District - Rohtas. 4.

KAMTA PRASAD SINGH Son of Late Baleshwar Prasad Singh Resident of Village - Majhiaon, P.S. - Darihat, District - Rohtas. 5.

SUBHAG SINGH @ RAMSUBHAG SINGH Son of Late Baleshwar Prasad Singh Resident of Village - Majhiaon, P.S. - Darihat, District - Rohtas. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Surendra Kumar Mishra For the Respondent/s :

Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellants against the order dated 12.10.2020 passed by learned 1st Additional District and Sessions Judge, Sasaram, Rohtas in Registration No. 144 of 2020 whereby the prayer for bail of the appellants in connection with SC/ST Dehri P.S. Case no. 50 of 2020 under Sections 341, 323, 504, 379, 506 and 34 of the Indian Penal Code and section 3(i)(r)(s)of SC/ST Act was

Patna High Court CR. APP (SJ) No.154 of 2021(3) dt.27-10-2021 2/3 rejected.

It is alleged that appellants have told the informant to look after the cattle of appellant nos. 3 and 4 and on this point, when the informant refused, appellants have assaulted him by means of fists and slaps by taking his caste name and also snatched Rs. 5,000/- from his pocket.

It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. Both parties are neighbors. Now good sense has been prevailed between the parties and a compromise petition is annexed as Annexure-2 with this petition. They have not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. They have got no criminal antecedent.

The application for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that now the matter has been compromised between the parties, the Court is inclined to allow this appeal. The appellants are directed to be enlarged on bail in connection with SC/ST Dehri P.S. Case no. 50 of 2020 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. APP (SJ) No.154 of 2021(3) dt.27-10-2021 3/3 with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Sasaram, Rohtas.

Accordingly, the appeal is allowed and the impugned order dated 12.10.2020 passed in Registration No. 144 of 2020 is hereby set aside.

(Sunil Kumar Panwar, J) sushma/- U