Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2850 of 2022 Arising Out of PS. Case No.-303 Year-2022 Thana- MANER District- Patna ====================================================== SHANKAR RAM Son of Aklu Ram Resident of Village - Kathautiya Khurd , P.S.- Maner, Distt.- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Krishna Paswan Late Nawal Paswan Resident of Village- Baluan, P.S.- Maner, District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mithilesh Kr. Arya For the Respondent/s :

Mr.Sadanand Paswan Mr.Rajen Sahay ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 01.08.2022 passed by learned Exclusive Special Judge (SC/ST Act), Patna in A.B.P. No.4351 2022 arising out of Maner P.S. Case No.303 of 2022 registered under Sections 302 and 34 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellant has been rejected.

Learned counsel for the appellant submits that the

Patna High Court CR. APP (SJ) No.2850 of 2022(7) dt.18-05-2023 2/2 appellant is innocent and has falsely been implicated in this case. No specific allegation is made against the appellant. The appellant has got no criminal antecedent.

Considering the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing personal bond to the satisfaction of Exclusive Special Judge (SC/ST Act), Patna in A.B.P. No.4351 2022 arising out of Maner P.S. Case No.303 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Arvind Srivastava, J) Harish/- U T