Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3496 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== MUNNA RAM Son of Chandresh Ram Resident of Village - Agni, P.S.- Belaganj, Distt - Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Manish Kumar No2 For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-10-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 18.07.2019 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in Belaganj P.S. Case No. 112 of 2019 registered under Sections 147, 149, 341, 307 and 504 of the Indian Penal Code and Sections 3(i)(r)(w) of the SC/ST Act. 10 named accused persons including the appellant descending at the door of the informant started slating her husband in the name of his caste and on forbidding them from slating, they assaulted him and when the informant stepped out of her house and intervened the occurrence, Munna Ram assaulted on her head by means of khanti inflicting head injury

Patna High Court CR. APP (SJ) No.3496 of 2019(5) dt.01-10-2019 2/3 to her. They also assaulted the son of the informant. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case over petty dispute of drainage between the parties. Informant arrived at the place of occurrence during the course of aforesaid dispute and sustained injury by falling on the ground. Appellant by filing injury report vide Annexure-2 has submitted that the doctor has found the aforesaid injury on the head of the informant as simple in nature. Barring informant, none has sustained injury in the occurrence. Other 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 25.06.2019.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Belaganj P.S. Case No. 112 of 2019.

Patna High Court CR. APP (SJ) No.3496 of 2019(5) dt.01-10-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T