Mukesh Singh @ Pupun Singh @ Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4759 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== Mukesh Singh @ Pupun Singh @ Mukesh Kumar Singh S/O Late Ramayan Singh R/O Village And P.O. Dayalpur, Ps. Janta Bazar, Dist. Saran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rameshwar Ram S/O Late Chhathu Ram R/O Village And P.O. Dayalpur, Ps. Janta Bazar, Dist. Saran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bijay Prakash Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. Though, notice has been issued and validly served upon respondent no. 2, but nobody appears on behalf of respondent no. 2.

3. This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 09.08.2023 passed by learned Additional Sessions Judge-3rd, Saran, in connection with Janta Bazar P.S. Case No. 241 of 2022 registered under Sections 341, 342, 323,

Patna High Court CR. APP (SJ) No.4759 of 2023(3) dt.28-06-2024 2/3 504, 506, 34 of the Indian Penal Code and Section 3(i)(r)(s)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. As per the prosecution case, the appellant along with other co-accused persons are said to have assaulted the informant.

5. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste, hence, no offence under SC/ST Act is made out against the appellant. He submits that there is admitted land dispute between the parties. He also relies upon the judgment of Hon'ble Apex Court in the case of Hitesh Verma vs. State of Uttarakhand and Anr. reported in (2020) 10 SCC 10. Appellant has got eighteen criminal antecedent as mentioned in para-3 of memo of the appeal.

6. Learned Spl. PP for the State opposes the prayer for anticipatory bail.

7. Considering the facts and circumstances of case and the fact that appellant has eighteen criminal antecedent, I am not inclined to enlarge the appellant on anticipatory bail. The prayer for anticipatory bail of the appellant is hereby rejected.

Patna High Court CR. APP (SJ) No.4759 of 2023(3) dt.28-06-2024 3/3 However, if the appellant surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) anand/- U T