Vimal Kumar Saha @ Vimal Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2957 of 2022 Arising Out of PS. Case No.-15 Year-2021 Thana- SC/ST District- Araria ====================================================== Vimal Kumar Saha @ Vimal Kumar Sah Son Of Pramod Narayan Saha Resident Of Village - Dan Nagar, Near Durgasthan, P.S.- Nagar Thana, Khagariya, District - Khagariya.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sita Devi wife of Sadanand Paswan Resident of village - Bhirbhiri, Ward No. 6, P.S.- Sikty, District - Araria.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Gopal Kumar Jha For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2022 Heard the learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 27.05.2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Araria in connection with Special (SC/ST) Case No. 30 of 2021 arising out of Araria (SC/ST) P.S. Case No. 15/2021 instituted for the offences punishable under Sections 341, 323, 354(B), 379, 504, 506/34 of the Indian Penal Code and Sections 3(2)(Va) of the SC & St Act, whereby his prayer for

Patna High Court CR. APP (SJ) No.2957 of 2022(2) dt.22-09-2022 2/3 being released on anticipatory bail has been rejected. The prosecution story as per F.I.R. is that due to non-payment of electric bill, the appellant and coaccused directed the electricity employee to disconnect the electric supply. It is further alleged that due to this issue scuffle had started with the husband of the informant and when the informant tried to intervene, the appellant along with co-accused, assaulted the informant and abused with her caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is counter version of the occurrence also and both sides have sustained injuries. As per F.I.R, the occurrence took place in the house of the informant, not in public view. Hence, the provisions under SC/ST Act would bot be applicable in the case of the appellant. A statement has been made in para 3 of the petition that appellant has no criminal antecedent.

Taking into account the aforesaid facts, this

Patna High Court CR. APP (SJ) No.2957 of 2022(2) dt.22-09-2022 3/3 Court deems it appropriate to set aside the order dated 27.05.2022.

Accordingly, this 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) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judgecum-Special Judge, Araria in connection with Special (SC/ST) Case No. 30/2021 arising out of Araria (SC/ST) P.S Case No. 15/2021.

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