Ajay Kumar Ray @ Ajay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3932 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== AJAY KUMAR RAY @ AJAY RAY son of Janak Ray village- Lohra PsChapra Mufassil Dist- SAran ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Mithun Kumar Ram son of Moti Chand Ram village- Lohra Ps- Chapra Mufassil Dist- Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Krishna Kumar Yadav For the Respondent/s :

Mr. Binay Krishna For the Informant :

Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2024 Heard learned counsel for the appellant and learned Spl.P.P. for the State.

2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes against the refusal of prayer for anticipatory bail vide order dated 02.08.2023 passed by the learned Exclusive Special Judge, SC/ST, Saran in connection with Chapra Muffasil P.S. Case No. 93 of 2023, registered for the alleged offences under Sections 341, 323, 325, 504/34 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(v) of the S.C./S.T. (POA) Act.

3. As per the prosecution case, the appellant and other coaccused persons are alleged to have abused the informant by calling his caste name and assaulted the informant with rod, danda on account of idol immersion. When Manish Kumar Manjhi intervened,

Patna High Court CR. APP (SJ) No.3932 of 2023(3) dt.29-03-2024 2/3 they assaulted him with danda, bricks and abused by calling caste name. They assaulted Guriya Devi due to which she got injured.

4. Learned counsel for the appellant submitted that the appellant is innocent and have been falsely implicated in this case. The allegation of abusing against the appellant is general and omnibus and no member of public was present at the relevant point of time of the incident and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has no criminal antecedent as stated in para 3 of the appeal. There is case and counter case between both the parties and there is also land dispute between the parties.

5. Learned Spl. P.P. for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for anticipatory bail of the appellant.

6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of learned counsel for the appellant, the impugned order order dated 02.08.2023 passed by the learned Exclusive Special Judge, SC/ST, Saran in connection with Chapra Muffasil P.S. Case No. 93 of 2023 is set aside against the appellant. The criminal appeal is allowed.

7. Accordingly, the above named appellant, in the event of his arrest/ surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand)

Patna High Court CR. APP (SJ) No.3932 of 2023(3) dt.29-03-2024 3/3 with two sureties of the like amount each to the satisfaction of learned learned Exclusive Special Judge, SC/ST, Saran in connection Chapra Muffasil P.S. Case No. 93 of 2023, subject to the conditions mentioned in Section 438(2) of the Code of Criminal Procedure. (Chandra Prakash Singh, J) Ranjeet/- U T