Shiv Ranjan Singh @ Tantu Singh @ Shiv Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3772 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- DHANARUA District- Patna ====================================================== Shiv Ranjan Singh @ Tantu Singh @ Shiv Ranjan Kumar Son Of Late Kanchan Singh Resident Of Village - Mustafapur, P.S.- Dhanarua, District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dharambeer Paswan Son of Arjun Paswan Resident of Village - Chalgullah, P.S.- Dhanarua, District - Patna.

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

For the Appellant/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 16.09.2022 passed by learned Special Judge, SC/ST Act, Patna in connection with Dhanarua P.S. Case No. 160 of 2022 instituted for the offences punishable under Sections 323, 341, 325, 504 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.3772 of 2022(3) dt.12-01-2023 2/3 The accusations are of making assault and abusing by calling caste name.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. For the alleged occurrence of 05.01.2022, the F.I.R was instituted on 29.03.2022 without explaining the delay. As per F.I.R, the occurrence did not take place in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellant. The appellant is languishing in custody since 24.07.2022.

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 16.09.2022 passed by learned Special Judge, SC/ST Act, Patna in connection with Dhanarua P.S. Case No. 160 of 2022.

Accordingly, this appeal is allowed.

The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. APP (SJ) No.3772 of 2022(3) dt.12-01-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Patna in connection with Dhanarua P.S. Case No. 160 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T