Ram Babu Kumar @ Ram Babu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3724 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== RAM BABU KUMAR @ RAM BABU DAS S/o Gopal Das R/o VillageHarpur Hardas, P.S.- Kalyanpur, Distt- East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Faiz Ahmad Faiz S/o Md. Manjurul Haque R/o Village- Bahlolpur, P.S.- Dhaka, Distt- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned Spl. PP for the State, in compliance of order dated 02.03.2023, informed the informant/complainant. Nobody appeared on behalf of the informant/complainant. 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 of anticipatory bail vide order dated 14.09.2022 passed by learned Special Judge SC/ST Act, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No. 287 of 2021 registered under Sections

Patna High Court CR. APP (SJ) No.3724 of 2022(3) dt.19-04-2023 2/3 147, 148, 149, 341, 323, 325, 354, 504, 506, 509, 307, 427, 379, 188, 440, 332, 171F of the Indian Penal Code, Section 131, 134(b), 135, 135(A) of the R.P. Act, Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Section 3 of the D.P. Act and Section 27 of the Arms Act.

As per the prosecution case, all the FIR named accused persons including the appellant and more than 200 unknown persons attacked on the polling booth, assaulted the police personnel, snatched pistol, damaged EVM machine and also fired upon the police personnel.

Learned counsel for the appellant submits that the appellant has no concern with the aforesaid occurrence. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under Section SC/ST Act is made out against the appellant. Similarly situated co-accused, have been enlarged on bail by this Court vide order dated 22.03.2022 passed in Cr. Appeal (SJ) No.218 of 2022 and vide order dated 09.11.2022 passed in Cr. Appeal (SJ) No. 305 of 2022. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

Learned Spl. PP for the State opposes payer for bail

Patna High Court CR. APP (SJ) No.3724 of 2022(3) dt.19-04-2023 3/3 and submits that the appellant abused the respondent no. 2/informant by taking caste name.

Considering the facts and circumstances of the case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupeees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST Act, East Champaran at Motihari, in connection with Kalyanpur P.S. Case No. 287 of 2021, 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) anand/- U T