Ramnath Prasad @ Chhedi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3844 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- PUNPUN District- Patna ====================================================== RAMNATH PRASAD @ CHHEDI YADAV S/o Late Ramjatan Sah @ Late Ramjatan Singh R/o Village- Allawalpur, P.S.- Punpun, District- Patna. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Kameshwar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-09-2019 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 of anticipatory bail vide order dated 30.07.2019 passed by learned Special Judge SC/ST Act, Patna in connection with Punpun P.S. Case No. 172 of 2018 registered under Sections 147, 149, 341, 323, 504, 506, 427 & 435 of the Indian Penal Code and Section 3(1) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

17 named accused persons including the appellant

Patna High Court CR. APP (SJ) No.3844 of 2019(3) dt.27-09-2019 2/3 and 10 unknown miscreants are said to have damaged the household articles of the informant and torched the hut meant for storing the bone fire. They also damaged several houses over not giving pass to the Sarju Paswan by the driver of the bus. It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. As a matter of fact, the driver of the bus, namely, Binod Sao has lodged Punpun P.S. No.171 of 2018, preceding to the case under hand, and to save skin from the said case this false and frivolous case has been lodged against the appellant and others. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent.

Similarly situated co-accused persons, namely, Satendra Yadav and others and Rohit @ Rohit Kumar have been enlarged anticipatory bail by a coordinate Bench of this Court vide judgment dated 10.10.2018 & 09.10.2018 passed in Cr. Appeal Nos.3295 of 2018 and 3222 of 2018 respectively. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks

Patna High Court CR. APP (SJ) No.3844 of 2019(3) dt.27-09-2019 3/3 from today, 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 the learned Special Judge SC/ST Act, Patna in connection with Punpun P.S. Case No. 172 of 2018, 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.

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