Bipin Kumar @ Bipin Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.126 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== BIPIN KUMAR @ BIPIN KUMAR SINHA S/O Late Sachita Nand Prasad @ Shiv Sharan Ambastha R/O Durga Asthan, Samir Takia, P.S- Civil Lines, District- Gaya (Deed Writer, License No- 204/2002, Gaya Registry Office). ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Munsh Manjhi S/O Late Shukar Manjhi R/O Village- Bahera, P.STankuppa, District- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sudhir Kumar Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

In view of the earlier order dated 03.05.2023, the informant/complainant was informed about his appearance in this case by the learned Special P.P. for the State, but nobody has entered appearance on his behalf.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 08.12.2022, passed by learned Exclusive Special Judge, SC/ST, Gaya in connection with Tankuppa P.S. Case No.01 of 2022,

Patna High Court CR. APP (SJ) No.126 of 2023(4) dt.28-06-2023 2/3 registered under Sections 323, 406, 419, 420, 504 and 34 of the Indian Penal Code and Sections 3(g)(r)(s) of the SC/ST Act. Allegedly, the FIR named accused persons executed several deeds of land of the complainant in their names and started ploughing the field of the complainant and on protest, they showed the sale deed and abused the complainant. Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the present case. It is submitted that appellant has got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that appellant is a deed writer and no specific overt act is alleged against him. It is submitted that other coaccused persons have already been enlarged on anticipatory bail by this Court vide order dated 22.03.2023 passed in Criminal Appeal (SJ) No.172 of 2023.

Learned Special P.P. for the State opposed the prayer for grant of anticipatory bail to the appellant. Taking into consideration the facts aforesaid, let appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of

Patna High Court CR. APP (SJ) No.126 of 2023(4) dt.28-06-2023 3/3 the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Tankuppa P.S. Case No.01 of 2022, subject to the conditions 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) S.KUMAR/- U T