Ram Janam Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2806 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- DEO District- Aurangabad ====================================================== Ram Janam Prasad Son of Ram Prasad Sao Resident of Village - Israur, P.S.- Deo, District - Aurangabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Tej Narayan Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 05-08-2019 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 anticipatory bail vide orders dated 18.06.2019 passed by learned 1st Addl. Sessions Judge-cum-Special Judge, SC/ST Act, Aurangabad in Deo P.S. Case No. 52 of 2019 registered under Sections 147, 148, 149, 341, 323, 324, 353, 307 of the Indian Penal Code and Sections 3(1)(r)/ 3(1)(s)/ (3)(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Persons of two villagers were indulged in the assault over row of passage and on intervention of the informant

Patna High Court CR. APP (SJ) No.2806 of 2019(4) dt.05-08-2019 2/3 and police party, they assaulted them by means of lathi, rod and stone and made the informant and some police personnel injured. Out of them, 14 persons including the appellant were apprehended while other managed to escape.

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 merely because he happens to be member of the mob. Allegation levelled against the appellant is not specific rather general and omnibus in nature. No injury report has been brought on record by the prosecution. There were around 72 accused persons present at the place of occurrence but the informant has not stated in specific as to who slated him in the name of his caste. Appellant has no criminal antecedent.

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

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge-

Patna High Court CR. APP (SJ) No.2806 of 2019(4) dt.05-08-2019 3/3 cum-Special Judge, SC/ST Act, Aurangabad in connection with Deo P.S. Case No. 52 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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