Surya Narayan Sah @ Sury Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4631 of 2021 Arising Out of PS. Case No.-129 Year-2016 Thana- LAUKAHI District- Madhubani ====================================================== Surya Narayan Sah @ Sury Narayan Sah Son Of Mishri Sah @ Mishri Lal Sah R/O Village- Thadhi, P.S.- Laukahi, Dist.- Madhubani ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Fulo Devi Wife Of Vijay Paswan R/O Village- Chichodhwa, P.S.- Laukahi, Dist.- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2022 Heard learned counsel for the appellant, respondent no. 2 and learned Spl. P.P. for the State.

Learned counsel for the appellant undertakes to remove the defects, if any, as pointed out by the office within three weeks.

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 anticipatory bail vide order dated 15.04.2021, passed by learned Additional Sessions Judge-1st-cum Special Judge SC/ST Act, Madhubani in connection with Laukahi P.S. Case No. 129 of 2016 for the offences registered under Sections 147, 149, 341, 323, 448, 354,

Patna High Court CR. APP (SJ) No.4631 of 2021(3) dt.14-12-2022 2/3 307, 379, 380, 504 of the Indian Penal Code and Sections 3(i) (x) S.C./S.T. Act.

Learned Counsel for the appellant submits that appellant is innocent and has been falsely implicated in the present case. No such occurrence as alleged has ever taken place. There is an admitted land dispute between the parties. This fact has not been denied by the learned counsel for the respondent no. 2. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. Learned counsel for the appellant further submits that in view of the judgment of the Hon'ble Apex Court passed in the case of Hitesh Verma Vs. State of Uttarakhand & Another reported in 2020 (10) SCC 710, if there is land dispute between the parties, the appeal for anticipatory bail is maintainable. The appellant has no criminal antecedent.

Learned Spl.PP for the State and learned counsel for the respondent no. 2 oppose the prayer for bail.

Considering the facts and circumstances of the case, let the appellant named above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) with two sureties of

Patna High Court CR. APP (SJ) No.4631 of 2021(3) dt.14-12-2022 3/3 the like amount each to the satisfaction of the learned Additional Sessions Judge-1st-cum Special Judge SC/ST Act, Madhubani in connection with Laukahi P.S. Case No. 129 of 2016, subject to the condition as laid down under section 438(2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T