Shiv Shankar Kamat @ Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3081 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- SC/ST District- Madhubani ====================================================== SHIV SHANKAR KAMAT @ SHIV SHANKAR KUMAR Son of Shiv Lal Kamat Resident of village - Khojpur, P.S.- Babu Barhi, Distt.- Madhubani. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mukesh Kumar No1 For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 13.05.2022 passed by learned Additional District & Sessions Judge-1-cum-Special Judge, Madhubani in ABP No. 508 of 2022 whereby the prayer for bail of the appellant in connection with SC/ST P.S. Case no. 02 of 2022 under Section 341, 323, 379, 448, 354, 427, 504, 506/34 of the Indian Penal Code and sections 3(i)(s)3(2)(va) of SC/ST Act was rejected.

Allegations against the appellant is of abusing the informant and his family by taking their caste name and assaulting. It is further alleged that accused persons entered into his house and took cash of Rs. 9,000/- and snatched gold chain. It is submitted by learned counsel for the appellants

Patna High Court CR. APP (SJ) No.3081 of 2022(2) dt.29-09-2022 2/2 that appellants have been falsely implicated in this case. All allegations levelled against the appellant are ornamental in nature. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. He has got no criminal antecedent. The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 13.05.2022 passed in A.B.P. No. 508 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with SC/ST P.S. Case No. 02 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-1-cum-Special Judge, Madhubani.

(Sunil Kumar Panwar, J) sushma/- U