IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3590 of 2021

Arising Out of PS. Case No.-42 Year-2021 Thana- KHIRI MORE District- Patna

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MD. SHAHZAD @ SAHJAD @ MD SHAHAJAD ALAM Son of Md.

Muslim Resident of Village - Karimpur Katka, Katka, P.S.- Khirimore,

District - Patna.

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Luvkush Kumar Son of Akhilesh Rajak Resident of village-Kadhekuda,P.S-

Khirimore,District-Patna

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Niraj Kumar

For the Respondent/s

:

Mr. Sadanand Paswan

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

4

19-01-2023

Heard learned counsel for the appellant and

learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter in short referred to as the

'SC/ST Act') against the refusal of prayer of anticipatory bail

vide order dated 13.07.2021 passed by learned Additional

Sessions Judge-III-cum Special Judge (SC/ST Act), Patna in

connection with Special Case No.138/21, arising out of

Khirimore P.S. Case No. 42/21 registered under Sections 147,

148, 149, 323, 379 & 504 of the Indian Penal Code and Section

3(1) (r)/ 3 (2) (va) of the Scheduled Castes and Scheduled

Patna High Court CR. APP (SJ) No.3590 of 2021(4) dt.19-01-2023

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Tribes (Prevention of Atrocities) Act.

The appellant and other persons are said to have

abused the informant and his friends and petitioner has taken out

Rs.1,000/- from the pocket of the informant.

It is submitted by learned counsel for the appellant

that the appellant has no concern with the aforesaid occurrence.

The allegation levelled against the appellant is not specific

rather general and omnibus in nature. It is further submitted that

the genesis of the alleged occurrence has not been alleged to

establish atrocities against the members of the Scheduled Caste

and the Scheduled Tribe. The allegation of slating the informant

levelled against the appellant is not specific rather general and

omnibus. Appellant has no criminal antecedent as mentioned in

para-3 of this memo of appeal.

Learned Spl. PP for the State opposed the prayer

for bail.

In the facts and circumstances of the case, the

above named appellant, 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

the like amount each to the satisfaction of the learned Addl.

Patna High Court CR. APP (SJ) No.3590 of 2021(4) dt.19-01-2023

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Sessions Judge-III-cum Special Judge (SC/ST Act), Patna in

connection with Special Case No.138/21, arising out of

Khirimore P.S. Case No. 42/21, subject to the condition as laid

down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this

appeal is allowed.

Trivedi/-

(Anjani Kumar Sharan, J)

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