Nitish Kumar Chaurasiya @ Kanhai Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3678 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- SONEPUR District- Saran ====================================================== Nitish Kumar Chaurasiya @ Kanhai Chaurasiya Shivpujan Bhagat @ Shivpujan Prashad @ Shivpujan Prashad Chaurasiya Resident Of Village - Bharpura, P.S. - Sonpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Malti Devi W/O - Jag Narayan Manjhi R/O Village - Bharpura (VERMA Chauk Near Railway Line), P.S. - Sonpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rakesh Ranjan For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 20.07.2023 passed by learned 3rd Additional Sessions Judge-cum-Special Court, SC/ST, Saran at Chapra in connection with Sonpur P.S. Case No. 113 of 2023 instituted for the offences punishable under Sections 341, 323, 324, 504, 506, 354(B) of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(va) of the SC/ST Act whereby his prayer for being released on bail has been

Patna High Court CR. APP (SJ) No.3678 of 2023(3) dt.09-11-2023 2/3 rejected.

It is alleged against the appellant and coaccused Sonu Chaurasia that they assaulted, abused by calling caste name and shot fire at the informant. They also outraged the modesty of the daughter of the informant and threatened of dire consequences. It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The informant alleged that accused persons shot fire at him but neither any injury nor blank cartridges were found at the place of occurrence. As per F.I.R, the occurrence did not take place in public view. Hence, the provision under SC/ST Act shall not be attracted against the appellant. The appellant is in custody since 09.06.2023. A statement has been made in para 3 of the petition that appellant has clean antecedent.

In contra, learned counsel appearing on behalf of the informant and learned Special P.P appearing on

Patna High Court CR. APP (SJ) No.3678 of 2023(3) dt.09-11-2023 3/3 behalf of the State have vehemently opposed the prayer for bail of the appellant.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 20.07.2023.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District JudgeIII-cum-Special Court, SC/ST Act, Saran at Chapra in connection with Sonpur P.S. Case No. 113 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T