Ravi Kumar @ Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4073 of 2022 Arising Out of PS. Case No.-501 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== RAVI KUMAR @ LAL BABU SAH SON OF NAWAL KISHORE SAH R/O VILL.- NAYAK TOLA, P.S.- SUGAULI, DISTT.- EAST CHAMPARAN ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dhurendra Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2023 Learned counsel for the appellant is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the appellant as well as learned counsel for the informant.

This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for setting aside the order dated 07.09.2022 passed by the learned Special Judge, SC/ST Act, East Champaran, Motihari arising out of Sugauli P.S. Case No. 501 of 2021, registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of IPC and Section 3(i)(r)(s) of SC and ST (Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that there is case and counter case. The members of both the parties have

Patna High Court CR. APP (SJ) No.4073 of 2022(2) dt.18-04-2023 2/2 suffered stab injury and ultimately the cordial relation was restored between them and the matter has been compromised. The compromise petition is annexed as annexure. 4. the appellant is under custody since 27.07.2022.

In these circumstances, the provisions of SC/ST Act is not attracted prima facie. As such, the appeal is allowed and the impugned order dated 7.09.2022, passed by the learned Special Judge, SC/ST Act, East Champaran, Motihari is set aside. Accordingly, the appellant, above-named, shall be released on 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 Special Judge, SC/ST East Champaran, Motihari in connection with Sugauli P.S. Case No. 501 of 2021. Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para-1 herein above, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) Sudha/Sonali U T