Devendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.879 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- NARHATT District- Nawada ====================================================== DEVENDRA KUMAR SINGH Son of Late Matukdhari Singh Resident of Village- Khanwan, P.S.- Narhat, Distt- Nawada. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2021 Heard learned counsel for the appellant and the State through virtual mode.

Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The matter relates to grant of anticipatory bail to the appellant in connection with Narhat P.S. Case No. 135 of 2020 registered for the offences under Sections 341, 323, 325, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act.

Allegedly, while the informant was digging hole as per direction of his employer, all of a sudden, one Devendra Kumar came and caught collar of the informant and taking his caste name, assaulted him.

Patna High Court CR. APP (SJ) No.879 of 2021(3) dt.16-08-2021 2/3 It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. Subsequently, the informant has retracted from his earlier statement made in the FIR. He has filed a petition in the court below wherein he has not supported the allegation made in the FIR. The said petition is Annexure-2 to the present application. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case.

On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.

In view of the aforesaid facts and circumstances, the order dated 13-10-2020 passed by learned Additional District & Sessions Judge-Ist-cum-Special Judge, Nawada in Narhat P.S. Case No. 135 of 2020 is set aside. The present Criminal Appeal is allowed.

Let the appellant, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional

Patna High Court CR. APP (SJ) No.879 of 2021(3) dt.16-08-2021 3/3 District & Sessions Judge-Ist-cum-Special Judge, Nawada in Narhat P.S. Case No. 135 of 2020.

Once the normalcy is restored, the appellant shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T