Ankit Singh @ Anshu Singh @ Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3472 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Ankit Singh @ Anshu Singh @ Anshu Son of Arvind Singh @ Arvind Kumar Singh Resident of Village-Sohagra, P.S.-Guthuni, District-Siwan. ... ... Appellant.

Versus

The State of Bihar.

... ... Respondent.

====================================================== Appearance :

For the Appellant/s :

Mr. Prabhakar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 03.07.2019 passed by learned 1stAdditional Sessions Judge cum Special Judge, Siwan in connection with Guthuni P.S. Case No. 03 of 2019 registered under Sections 341, 323, 387, 307, 504 & 506/34 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Appellant along with two other named accused

Patna High Court CR. APP (SJ) No.3472 of 2019(2) dt.21-08-2019 2/3 persons are said to have slated the informant in the name of caste and co-accused Roshan Singh inflicted injury on the head of the informant by means of rod while the appellant and Bade Singh assaulted him by means of butt of the pistol and Bade Singh pulled him wrapping gamcha on his neck over refusal by the informant to accord them chicken meat free of cost. 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 political rivalry. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Though the appellant is said to have assaulted the informant by means butt of pistol along with co-accused Bade Singh but part of the person selected for the assault has not been adumbrated in the written report. Appellant has been languishing in custody since 10.06.2019.

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 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.3472 of 2019(2) dt.21-08-2019 3/3 the learned 1stAdditional Sessions Judge cum Special Judge, Siwan in connection with Guthuni P.S. Case No. 03 of 2019. Accordingly, the impugned order is set aside and this appeal is allowed.

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