Hari Shankar Tiwari @ Kintan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4677 of 2023 Arising Out of PS. Case No.-19 Year-2022 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== HARI SHANKAR TIWARI @ KINTAN TIWARI SON OF BABBAN TIWARI R/O VILLAGE- KARAJI, PS- CHAINPUR, DIST- KAIMUR AT BHABHUA ... ... Appellant/s

Versus

1.

The State of Bihar BIHAR 2.

ANGAD GOND SON OF LOK NATH GOND RESIDENT OF VILLAGEAND PO - KARJI, PS- CHAINPUR, DISTT- KAIMUR AT BHABUA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Chandra Mohan Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the appellant, informant and learned Special P.P for the State.

The appellant has challenged the order dated 02.09.2023 passed by learned Special Judge (SC/ST Act), Kaimur at Bhabua in connection with Bhabua SC/ST P.S. Case No. 19 of 2022 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Act whereby his prayer for being released on anticipatory bail has been rejected. The accusations are of making assault and abusing

Patna High Court CR. APP (SJ) No.4677 of 2023(4) dt.04-01-2024 2/3 by calling caste name of the informant.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is general and omnibus allegation against the appellant and since the appellant objected the informant for selling illegal liquor, this false case has been registered. 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. From perusal of impugned order, injury sustained by the injured is simple in nature. Similarly situated co-accused has already been granted bail by this Court vide order dated 17.01.2023 passed in Cr. Appeal SJ No. 4193 of 2022. The appellant is languishing in custody since 08.08.2023.

Learned counsel appearing on behalf of the informant and learned Special P.P have vehemently opposed the prayer for bail of the appellant and submitted that appellant has criminal history and as per para 3 of the appeal, the petitioner is accused in six other cases apart from the present one.

Taking into account the aforesaid facts, this Court

Patna High Court CR. APP (SJ) No.4677 of 2023(4) dt.04-01-2024 3/3 deems it appropriate to set aside the order dated 02.09.2023 passed by learned Special Judge (SC/ST Act), Kaimur at Bhabua in connection with Bhabua SC/ST P.S. Case No. 19 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/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (SC/ST Act), Kaimur at Bhabua in connection with Bhabua SC/ST P.S. Case No. 19 of 2022. (Sunil Kumar Panwar, J) manishkumar/- U