Anees Kumar @ Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4868 of 2019 Arising Out of PS. Case No.-298 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== ANEES KUMAR @ ANISH KUMAR Son of Lal Babu Prasad Resident of Village- Sanjay Gandhi Nagar, P.S.- Patrakar Nagar, District- Patna, Bihar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Gajendra Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-01-2020 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 21.09.2019 passed by learned Exclusive Special Judge SC/ST Act, Patna in connection with Special Case No. 209 of 2019 arising out of Ram Krishna Nagar P.S. Case No.298 of 2018 registered under Sections 302, 34, 120B, 307, 34 of the Indian Penal Code and Section 3(i)(r) and 3(II)(v) of the SC/ST (Prevention of atrocities) Act, whereby the prayer for bail of the appellant has been rejected. Learned counsel appearing for the appellant submits that the appellant, who is of clean antecedent, is innocent and has not committed any offence. Earlier the prayer for bail of this petitioner has been rejected by this Court in Cr.

Patna High Court CR. APP (SJ) No.4868 of 2019(3) dt.29-01-2020 2/2 Misc. No.10684 of 2019 with an observation that the petitioner may renew his prayer for bail after framing of charge. Now charge in this case has been framed against the appellant. Hence, the appellant may be enlarged on bail.

Considering the facts and circumstances of the case, let the above named appellant be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Patna in connection with Special Case NO. 209 of 2019 arising out of Ramkrishna Nagar P.S. Case No. 298 of 2018.

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

(Arvind Srivastava, J) brajesh/- U T