Anil Singh @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3530 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- GURARU District- Gaya ====================================================== Anil Singh @ Anil Kumar S/o Nawal Kishor Singh @ Bhola Singh R/o village- Diha, P.S.- Guraru, District- Gaya ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinod Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-10-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 25.07.2019 passed by learned Special Judge, SC/ST Gaya in Guraru P.S. Case No. 99 of 2019 registered under Sections 429, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant is said to have been watering his field by laying naked water and the she-buffalo of the informant died

Patna High Court CR. APP (SJ) No.3530 of 2019(4) dt.25-10-2019 2/3 due to electrocution coming into contact of said wire. Earlier calf of the informant had also made the same fate. Appellant also used to pass objectionable comment against the informant and extended threatening to him.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. As a matter of fact, the appellant has land in the P.O. village and the cattle of the informant grazes his field, and on protest made by the appellant, informant has lodged this false and frivolous case against him. Appellant has never laid any naked wire on his field for watering. Informant has not lodged any case earlier against the appellant for passing objectionable comment or extending threatening to him. Appellant has no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Gaya

Patna High Court CR. APP (SJ) No.3530 of 2019(4) dt.25-10-2019 3/3 in Guraru P.S. Case No. 99 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Accordingly, the impugned order is set aside and appeal is allowed.

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