Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4091 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- PARAIYA District- Gaya ====================================================== Abhishek Kumar Son Of Shiv Kumar Yadav Resident Of Village- Baigowan, P.S.- Paraiya, District- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Deolakhan Manjhi Son of Late Jago Bhuiya Resident of Village- Baigoman, P.S.- Paraiya, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manish Kumar No2 For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 13.10.2022 passed by learned Exclusive Special Judge (SC/ST Act), Gaya, whereby the prayer for bail of the appellant in connection with Paraiya P.S. Case No. 161 of 2022 under Sections 420/34 of the Indian Penal Code and Sections 3(1)(r)(s)/ 3(2)(va) of the SC/ST (POA) Act was rejected.

Patna High Court CR. APP (SJ) No.4091 of 2022(4) dt.04-05-2023 2/3 The allegation against the appellant and others is of wrongly executing the sale deed of 2 Acre 10 Katha instead of 10 Katha from the informant.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. The dispute relates to civil in nature. As per F.I.R, the occurrence did not take place in public view. Hence, no offence is made out under the provisions of the SC/ST Act against the appellant. The appellant is in custody since 23.09.2022.

The counsel appearing on behalf of the informant and learned Special P.P for the State have vehemently opposed the prayer for bail of the appellant. Having heard learned counsel for the parties and taking into consideration, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 13.10.2022 arising out of Paraiya P.S. Case No. 161 of 2022 is hereby set aside. The appellant is directed to be enlarged on bail

Patna High Court CR. APP (SJ) No.4091 of 2022(4) dt.04-05-2023 3/3 in connection with Paraiya P.S. Case No. 161 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge SC/ST, Gaya.

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