Agyalya Kumar @ Agyeya Kumar @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3057 of 2019 Arising Out of PS. Case No.-132 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== AGYALYA KUMAR @ AGYEYA KUMAR @ MURARI KUMAR S/o Uma Shankar Thakur Resident of Mohalla- Saraswati Nagar, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Appellant.

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Nagendra Prasad For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 20.06.2019 passed by learned 1st Additional Sessions Judge cum Special Judge SC/ST Act, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 132 of 2017 registered under Sections 341, 323 & 504/34 of the Indian Penal Code and Section 3(1) (r)/ (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.3057 of 2019(2) dt.30-07-2019 2/3 Atrocities) Act.

In course of regressing from Varanasi seven motorcycle borne criminals intercepted the informant slated him and snatched Rs.30,000/- and his other belongings. It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. As a matter of fact, the appellant had filed a case against the informant vide Bettiah Muffasil P.S. Case No.121 of 2017 on 03.04.2017 and in order to save skin from the said case the informant has filed this false and frivolous case against the appellant after abnormal and in ordinate delay of eight days without assigning any explanation for the same. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is no allegation of slating the informant in the name of his caste. Moreover, the parties to the case have compromised the matter. Appellant has no criminal antecedent.

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

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. APP (SJ) No.3057 of 2019(2) dt.30-07-2019 3/3 from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge SC/ST Act, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 132 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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