Mairuddin Ansari @ Maruddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3700 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- SC/ST District- Sheohar ====================================================== Mairuddin Ansari @ Maruddin Ansari Son Of Late Abdul Rahman Ansari Resident Of Village- Mesaudha, Po And Ps- Piprahi, Dist- Sheohar ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prabhat Kumar For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant against the order dated 24.07.2023 passed by learned Additional District and Sessions Judge-I-cum Special Judge, Sheohar whereby the prayer for bail of the appellant in connection with Sheohar SC/ST P.S. Case no. 07 of 2023 under Sections 341, 323, 504 and 506 of the Indian Penal Code and sections 3(i)(r), 3(1) (s) and 3(2) (va) of SC/ST Act was rejected.
3. Allegation against the appellant who is a teacher of a middle school is that he assaulted the informant's son badly due to which the informant's son became unconscious
Patna High Court CR. APP (SJ) No.3700 of 2023(2) dt.05-10-2023 2/3 and also abused him by taking his caste name.
4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to previous election dispute and dirty village politics. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. Good sense has been prevailed between both the parties. As far as the injury of the injured in concerned, is simple in nature. Moreover, the appellant is languishing in judicial custody since 19.07.2023.
5. The appeal for bail is opposed by learned Spl. P.P. for the State.
6. 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 24.07.2023 is hereby set aside. 7.The appellant is directed to be enlarged on bail in connection with Sheohar SC/ST P.S. Case No. 07 of 2023 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-I cum
Patna High Court CR. APP (SJ) No.3700 of 2023(2) dt.05-10-2023 3/3 Special Judge, Sheohar.
(Sunil Kumar Panwar, J) Shubham/- U T