Sanjay Mahto @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.70 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- PANAPUR District- Saran ====================================================== 1.

SANJAY MAHTO @ SANJAY KUMAR SON OF VISHWANATH MAHTO R/O VILLAGE- BASANTPUR, P.S.- PANAPUR, DIST.- SARAN 2.

SANJAY MAHTO @ SANJAY KUMAR SON OF RAJENDRA MAHTO R/O VILLAGE- SAGUNI RAJWADA, P.S.- TARAIYA, DIST.- SARAN ... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Manoj Baitha Ram Ayodhaya Baitha Resident of Village-Belore, P.O.- Belore, P.S.-Panapur, District-Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Basant Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 Heard learned counsel for the appellants as well as the learned counsel for the informant.

Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.

This appeal has been preferred on behalf of the appellants under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 27.10.2021 in connection with Panapur P.S.Case No. 123 of 2021, registered for the offences punishable under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(r) (s) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected. As per allegation, when the informant had gone to attend a marriage ceremony, the accused persons assaulted him and made him badly injured.

Learned counsel for the appellants as well as learned counsel for the informant have submitted that the matter has amicably been resolved between the parties and they have

Patna High Court CR. APP (SJ) No.70 of 2022(3) dt.24-08-2022 2/2 compromised the case.

Considering the facts and circumstances, the appeal is allowed and the impugned order dated 27.10.2021 is set aside. Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judgecum-Special Judge, Saran at Chapra in connection with Panapur P.S.Case No. 123 of 2021.

Office shall ensure that all the defects are removed by the appellant within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T