Patna High CourtCR. APP (SJ)/2813/2019bail granted

Ganesh Thakur v. The State Of Bihar

2019-07-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2813 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- SC/ST District- Jamui ====================================================== Ganesh Thakur Son of Parmeshwar Thakur Resident of Village- Bahadurpur, P.S.- Sikandra, District- Jamui.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Satya Prakash Parasar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 24.06.2019 passed by learned 1st Addl. Sessions Judgecum-Special Judge, Jamui in SC/ST P.S. Case No. 16 of 2019 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant along with five other accused persons are said to have assaulted the informant tying in the poll slating him in the name of his caste on his refusal to fetch cigarette for

Patna High Court CR. APP (SJ) No.2813 of 2019(2) dt.17-07-2019 2/2 them.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to ulterior motive. Allegation levelled against the appellant is not specific rather general and omnibus in nature. The informant has sustained simple injury in the occurrence. Appellant has no criminal antecedent and has been languishing in custody since 17.06.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Jamui in connection with SC/ST P.S. Case No. 16 of 2019. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- U T