Indrajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4355 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- TARAIYA District- Saran ====================================================== INDRAJEET SINGH S/o Ravindra Singh Resident of Village- Bhataura, P.S.- Taraiya, District- Saran at Chhapra.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Bardhan Pandey For the Respondent/s :

Mr.Sadanand Paswan For the Informant :

Mr.Sanjay Kumar Singh Mr.Anant Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-03-2022 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

This is an appeal under section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 18.09.2021, passed by learned Additional District & Sessions Judge -I, cum- Special Judge, SC/ST (POA) Act, Saran, in connection with Tariya P.S. Case No.287 of 2020, registered under sections 341, 323, 324, 325, 307, 504, 506, 34 of the IPC and section 3(r)(w) SC/ST (POA) Act.

The prosecution case in brief, is that all the FIR named

Patna High Court CR. APP (SJ) No.4355 of 2021(3) dt.31-03-2022 2/3 accused persons including the appellant came at the door of informant and started abusing him by taking caste name. They also assaulted the informant and others, who came for rescue. Allegation against the appellant is that he assaulted Shashi Ram with sword on his head.

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 dirty village politics. The allegation levelled against the appellant is not specific rather general and omnibus in nature. There is case and counter-case between the parties. The injuries sustained by the injured Shashi Ram are simple in nature, the injury report is at Annexure-3. The appellant has been languishing in custody since 09.08.2021. Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail and submits that there is specific allegation against the appellant to have assaulted the informant by sword.

In the facts and circumstance of the case, since the injuries of the injured are simple in nature and considering the custody of the appellant, the above named appellant is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of the like

Patna High Court CR. APP (SJ) No.4355 of 2021(3) dt.31-03-2022 3/3 amount each to the satisfaction of the learned Additional District & Sessions Judge -I, cum- Special Judge, SC/ST (POA) Act, Saran, in connection with Tariya P.S. Case No.287 of 2020. The impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) pallavi/- U T