Harendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3992 of 2024 Arising Out of PS. Case No.-510 Year-2020 Thana- MASHRAK District- Saran ====================================================== Harendra Kumar Son of Late Saryug Prasad Sinha Resident of VillageNawada PS- Chandi District -Nalanda ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Jaymangal Paswan NA village- Fakara Banch, Ps- Sonepur Dist- Saran, Present Deputed At Mashrakh P.S. As Home Guard ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Nalin Kumar, Advocate For the Respondent/s :
Mrs.Usha Kumari-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Although a vakalatnama has been filed on behalf of respondent no.2 but none is present on his behalf.
2. 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 08.08.2024 passed by learned Exclusive Special Judge (SC/ST Act), Saran in connection with Mashrakh P.S. Case No. 510 of 2020 registered under Sections 341, 307 and 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)
Patna High Court CR. APP (SJ) No.3992 of 2024(3) dt.04-10-2024 2/2 (r)/2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. The petitioner is said to have abused and assaulted the informant and also resorted firing from his service pistol.
4. 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. Earlier, vide order dated 26.07.2024, the prayer for bail of the appellant was rejected with a liberty to renew his prayer after framing of charge. It is further submitted that the charge has been framed on 05.08.2024. The appellant is in custody since 18.04.2024.
5. 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Saran in connection with Mashrakh P.S. 510 of 2020.
6. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) Trivedi/- U T