Vijay Kumar Tiwari @ Manish Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4364 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VIJAY KUMAR TIWARI @ MANISH TIWARI Son Bhagyanarayan Tiwari Resident of Village - Basudevpur Sarai, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sunil Kumar Pandey For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State through virtual Court proceedings.
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 for bail vide order dated 07.09.2021 passed by learned 3rdAdditional Sessions Judge cum Special Judge (SC/ST Act), Muzaffarpur in connection with Sahebganj P.S. Case No. 285/2020 registered under Sections 341, 323, 353, 385, 504, 506 & 120B of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant is said to have demanded
Patna High Court CR. APP (SJ) No.4364 of 2021(2) dt.06-01-2022 2/3 Rs.20,000/- from the informant and slated him in the name of his caste.
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 due to previous grudge. As a matter of fact, the appellant is a social activist and always used to raise objection against the fraudulent work of any department of Bihar and Central Government and in that communication the application sought informant under R.T.I. on 16.03.2020 from the C.O., Sahebganj. The C.O., Sahebganj in collusion with the informant lodged the present F.I.R. on concocted facts without any concrete evidence. Slating the informant/complainant in the name of caste is said to have been made at the office of the appellant and not in public view, hence no offence under SC/ST Act is made out against the appellant. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent and has been languishing in custody since 31.07.2021.
As prima facie no case is made out against the appellant under the provisions of SC/ST Act, hence there is no need to issue notice to informant.
Patna High Court CR. APP (SJ) No.4364 of 2021(2) dt.06-01-2022 3/3 Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-III-cum Special Judge (SC/ST Act), Muzaffarpur in connection with Sahebganj P.S. Case No.285 of 2020.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) Trivedi/- U T