Satynarayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3097 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== SATYNARAYAN RAM S/o Late Ambika Ram R/o village- Purvi Giddha, P.S.- Halsi, District- Lakhisarai ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Krishna Ram, A.S.I., Presently Posted at Halsi Police Station, DistrictLakhisarai Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 04.08.2022 passed by learned Additional District and Sessions Judge-1st-cum-Special Judge, SC/ST, Lakhisarai in ABA No. 824 of 2022 whereby the prayer for bail of the appellant in connection with Halsi P.S. Case no. 33 of 2022 under Section 341, 342, 323, 324, 332, 353, 307, 504/34 of the Indian Penal Code and sections 3(i)(r)(s), 3(s)(va) of SC/ST Act was rejected.

As per allegation in the FIR, appellants along with other co-accused persons have created hindrance in discharging

Patna High Court CR. APP (SJ) No.3097 of 2022(2) dt.29-09-2022 2/3 the official duty to the police officials by pelting stones and they abused the police officials by taking their caste names when they reached to a village to pacify the matter between two groups over a dispute regarding fishing.

It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to high handedness of police officials. No offence is made out under the provisions of the SC/ST Act against them. They have not taken the cast name of the informant in public view. They have got no criminal antecedent. The appellant has no intention to disgrace the image of the informant in public view. 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 appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 04.08.2022 passed in A.B.A. 824 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Halsi P.S. Case No. 33 of 2022 in the event of arrest or surrender before the court below within a period of four

Patna High Court CR. APP (SJ) No.3097 of 2022(2) dt.29-09-2022 3/3 weeks 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 and Sessions Judge 1st-cum-Special Judge, SC/ST Lakhisarai. (Sunil Kumar Panwar, J) sushma/- U