Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5224 of 2019 Arising Out of PS. Case No.-380 Year-2019 Thana- BEUR District- Patna ====================================================== Sonu Kumar, Son of Rajendra Kumar, R/O Mohalla - Bhagwanpur, P.S.- Dhanarua, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Ms.Rina Sinha, Advocate For the Respondent/s :

Ms.Usha Kumari 1, Spl.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-12-2019 Heard learned counsel for the appellant and the learned counsel appearing on behalf of the State. The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 for setting aside the order dated 13.11.2019 passed by the learned Additional Sessions Judge-XX Cum Special Judge, S.C./ST, Patna, in A.B.P. No.8259/19 arising out of Beur P.S. Case No.380 of 2019 registered under Section 341/504/506/34 of the I.P.C. and Section 3(1)(r)(s) of the SC & S.T. Act, whereby and whereunder the learned Judge has been pleased to refuse the prayer for anticipatory bail of the appellant.

Learned counsel for the appellant submits that the allegation against the appellant is wholly mischievous and motivated and only because the present appellant was

Patna High Court CR. APP (SJ) No.5224 of 2019(2) dt.02-12-2019 2/3 having a coaching centre near the place where the building materials were piled up and which was protested by the present appellant, the case has been lodged against him along with others. Learned counsel for the appellant submits that the allegation of using caste name is on the other accused person who has since been extended the privilege of anticipatory bail in Cr.Appeal (SJ) No.5062 of 2019 vide order dated 21.11.2019. It is further submitted that the appellant has no criminal antecedents.

In view of the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-XX-Cum Special Judge, SC/ST, Patna, in connection with Beur P.S. Case No.380 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the result, the impugned order dated

Patna High Court CR. APP (SJ) No.5224 of 2019(2) dt.02-12-2019 3/3 13.11.2019 is set aside and the appeal is allowed. (Anjana Mishra, J) PNM U T