Abhimanyu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4266 of 2019 Arising Out of PS. Case No.-19 Year-2017 Thana- SURYAPUR District- Rohtas ====================================================== Abhimanyu Singh Son of Jitendra Singh Resident of Village- Bharkuriya Kala, Suryapura, P.S.- Surajpura, District- Rohtas. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pritish Kumar Lal For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-11-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 09.08.2019 passed by learned 1st Addl. District & Sessions Judge, Sasaram, Rohtas in Surajpura (Suryapura) P.S. Case No. 19 of 2017 registered under Sections 147, 148, 341, 323, 504, 506, 379 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Eleven accused persons including the appellant arriving at the house of the informant slated him in the name of

Patna High Court CR. APP (SJ) No.4266 of 2019(3) dt.07-11-2019 2/3 his caste and assaulted him by means of lathi. Other accused persons tore the attire of his daughter and assaulted other family members.

It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. Appellant has been falsely implicated in this case merely because his father has lodged a case against the informant. Allegation levelled against the appellant is not specific rather general and omnibus in nature. Slating the informant in the name of his caste is said to have been made at his house, hence, no offence under SC/ST Act is made out against the appellant. Similarly situated co-accused, namely, Jitendra Singh and Ors. have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.05.2018 passed in Cr. Appeal (SJ) No. 1539 of 2018.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. APP (SJ) No.4266 of 2019(3) dt.07-11-2019 3/3 each to the satisfaction of learned 1st Addl. District & Sessions Judge, Sasaram, Rohtas in Surajpura (Suryapura) P.S. Case No. 19 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and appeal is allowed.

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