Manoj Singh @ Manoj Kumar Singh @ Manoj Kumar Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4087 of 2021 Arising Out of PS. Case No.-21 Year-2019 Thana- SC/ST District- Rohtas ====================================================== Manoj Singh @ Manoj Kumar Singh @ Manoj Kumar Singh Yadav Son of Baldeo Singh Resident of Village - Makrain, P.s.- Dalmiyanagar, Distt.- Rohtas.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-06-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 11.08.2021 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No. 21 of 2019 instituted for the offences punishable under Sections 341, 323, 504 of the Indian Penal Code and Section 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby his prayer for being released on anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.4087 of 2021(2) dt.30-06-2022 2/3 It is alleged against the appellant that he surrounded the informant and his son along with other accused persons and abused the informant by calling caste name. This appellant also assaulted the son of the informant.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. It is further submitted that except this appellant, other accused persons were not sent up for trial after completing the investigation. It is also submitted that since no independent person has supported the case of the prosecution, hence, the provision of the SC/ST Act would not be applicable in the case of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 11.08.2021 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, Rohtas at Sasaram.

Patna High Court CR. APP (SJ) No.4087 of 2021(2) dt.30-06-2022 3/3 Accordingly, the appeal is allowed.

The appellant, above named is directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on their furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, Rohtas at Sasaram in connection with Regd. Case No. 51 of 2019, arising out of SC/ST Dehri P.S. Case No. 21 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T