Anil Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4229 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== ANIL KUMAR TIWARI Son of Late Brij Kishore Tiwari Resident of VillageBaijali Shahid Adda Road, Sasaram, Police Station- Sasaram Town, DistrictRohtas. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Chandradeo Ram Late Shivmuni Ram Vill- Pakriha (Khurd), P.S.- Mohania, District- Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajani Kant Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2022 Heard learned counsel for the appellant, learned counsel for the informant learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 20.09.2021 passed by learned Additional Sessions Judge, 1st-cum-Special Judge, Kaimur at Bhabua in ABP No. 881 of 2021 whereby the prayer for bail of the appellant in connection with Bhabua SC/ST P.S. Case no. 06 of 2021 under Sections 341, 323, 420, 427, 467, 468, 504, 506/34 of the Indian Penal Code and sections 3(i)(f)(g)(r)(s)/3(2)(v) of SC/ST Act was rejected.

Allegations against the appellant is of demolishing the

Patna High Court CR. APP (SJ) No.4229 of 2021(4) dt.03-11-2022 2/3 constructed house of the informant by JCB machine, resulting into loss of Rs. 1,50,000/-. On objection raised by the informant, several accused persons including the appellant have assaulted the informant and his family members and threatened him of dire consequences.

It is submitted by learned counsel for the appellants that appellant has been falsely implicated in this case due to previous land dispute. 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. It is mentioned in para 11 of the petition that the alleged house was constructed over the land of the appellant. This case relates to civil dispute.

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 20.09.2021 passed in A.B.P. No 881 of 2021 is hereby set aside.

The appellant is directed to be enlarged on bail in

Patna High Court CR. APP (SJ) No.4229 of 2021(4) dt.03-11-2022 3/3 connection with Bhabua SC/ST P.S. Case No. 06 of 2021 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 Sessions Judge, 1st-cum-Special Judge Kaimur at Bhabua.

(Sunil Kumar Panwar, J) sushma/- U