Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4362 of 2022 Arising Out of PS. Case No.-438 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== ANIL SINGH Son of Late Kedar Singh Resident of Village - Kadhar, P.S.- Kawakol, Distt.- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sanjay Manjhi Son of Sri Bacchu Manjhi Resident of Village - Kadhar, P.S.- Kawakol, Distt.- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Deepak Kumar For the Respondent/s :

Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Learned Special Public Prosecutor for the State informs this Court that he has complied the order dated 04.01.2023 but nobody appeared on behalf of the respondent no.2.

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 17. 11.2022 passed by learned Special Judge, Exclusive Special Court (SC/ST) Act, Nawada in connection

Patna High Court CR. APP (SJ) No.4362 of 2022(3) dt.08-02-2023 2/3 with Kawa Kol P.S. Case No. 438/2022, registered under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by learned counsel for the appellant that the appellant have no concern with the aforesaid occurrence. There is no specific overt act against the appellant. In the supplementary affidavit the copy of the FIR is enclosed in which he stated that he filed a case against the Sanjiv Singh @ Mantun Singh thereafter the present case is filed by the witness of the complaint case Sanjay Manjhi. Appellant has got two criminal antecedents as mentioned in para-3 of memo of appeal. Learned Spl. PP for the State opposes the prayer for bail and submits that the appellant abuse the respondent no.2/informant by taking caste name.

In the facts and circumstances of the case, let the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Court (SC/ST) Act, Nawada in

Patna High Court CR. APP (SJ) No.4362 of 2022(3) dt.08-02-2023 3/3 connection with Kawa Kol P.S. Case No. 438/2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) ajay/- U T