Md. Manjar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5292 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SC/ST District- Begusarai ====================================================== 1.

MD. MANJAR Son of Md. Salim Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

2.

Md. Aftab Alam Son of Md. Aslam Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

3.

Kari Alam @ Md. Sakir Son of Md. Sadrul Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

4.

Parwez Alam Son of Md. Isamul Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

5.

Dildar Alam @ Md. Tabis Son of Md. Aslam Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

6.

Kari Ameen @ Safi Alam Son of Md. Basarat Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

7.

Md. Ziyauddin Son of Md. Badrul Resident of Village - Ajni, P.S.- Khodawandpur, Distt - Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the appellants and learned counsel for the State. Learned counsel for the complainant is also present.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the order dated 18.11.2019 passed by the learned Special Judge, SC/ST Act, Begusarai, in A.B.P. No. 1942 of 2019, arising out of Begusarai SC/ST P.S. Case No. 50 of 2019,

Patna High Court CR. APP (SJ) No.5292 of 2019(2) dt.05-12-2019 2/3 G.R. No. 788 of 2019, registered under Sections 147, 148, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r), 3(i)(s), 3(2)(va) of Schedule Caste/ Schedule Tribe (Prevention of Atrocities) Act 1989, whereby the prayer of anticipatory bail has been rejected.

Learned counsel for the appellants submits that the entire case is false and fabricated as there are no specific allegations against the present appellants. It is further submitted that main allegation is against one Md. Fateh Alam and Md. Muslim and not these appellants. Learned counsel for the appellants further submits that being co-villagers some inimical forces within the village have named the present appellants and as a result thereof they are facing prosecution. It is further submitted that there is a land dispute between the parties and there is case and counter case. The present appellants have a clean antecedent.

In view of the aforementioned facts and circumstances, let the appellants 1 to 7, above named, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each, with two sureties of the like amount each to the

Patna High Court CR. APP (SJ) No.5292 of 2019(2) dt.05-12-2019 3/3 satisfaction of the learned Special Judge, SC/ST Act, Begusarai in connection with Begusarai SC/ST P.S. Case No. 50 of 2019, G.R. No. 788 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. With the aforesaid, the present appeal stands consigned to records.

(Anjana Mishra, J) uma/- U T