Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5431 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- SILAO District- Nalanda ====================================================== Gautam Kumar Son of Pramod Ram @ Pramod Kumar Resident of VillageMadhopur, P.S.- Silao, District- Nalanda. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Pramod Kumar Sinha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the appellant and learned Special P.P. for the State.

This is an appeal under Section 14A(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 25.09.2019, passed by learned 1st Additional Sessions Judge, Nalanda, Bihar Sharif in connection with Silao P.S. Case No.141 of 2019, registered under Sections 341, 323, 324, 307, 337, 338, 504, 34 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act. Learned counsel for the appellants submits that the appellant has falsely been implicated in the present case. There is land dispute between the parties. There is case and counter case. Learned counsel for the appellant submits that he has filed a

Patna High Court CR. APP (SJ) No.5431 of 2019(4) dt.09-12-2021 2/2 supplementary affidavit stating therein that the appellant has got two criminal antecedents. It is further submitted that in support of the land dispute between the parties, he has annexed a sale deed as Annexure-4 to the supplementary affidavit.

Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellant.

In view of the fact that there is land dispute between the parties, no notice is required to be issued to the informant of the case.

Having considered 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 the date of receipt/production of a copy of this order, 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 1st Additional Sessions Judge, Nalanda at Bihar Sharif in connection with Silao P.S. Case No.141 of 2019. Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J.) Sanjay/- U T