IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3724 of 2022

Arising Out of PS. Case No.-287 Year-2021 Thana- KALYANPUR District- East Champaran

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RAM BABU KUMAR @ RAM BABU DAS S/o Gopal Das R/o Village-

Harpur Hardas, P.S.- Kalyanpur, Distt- East Champaran.

... ... Appellant/s

Versus

1.

The State of Bihar Bihar

2.

Faiz Ahmad Faiz S/o Md. Manjurul Haque R/o Village- Bahlolpur, P.S.-

Dhaka, Distt- East Champaran.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Ajay Kumar Singh

For the Respondent/s

:

Mr.Usha Kumari 1

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3

19-04-2023

Heard learned counsel for the appellant and learned

Special Public Prosecutor for the State.

Learned Spl. PP for the State, in compliance of order

dated 02.03.2023, informed the informant/complainant. Nobody

appeared on behalf of the informant/complainant.

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 14.09.2022 passed by learned Special Judge

SC/ST Act, East Champaran at Motihari, in connection with

Kalyanpur P.S. Case No. 287 of 2021 registered under Sections

Patna High Court CR. APP (SJ) No.3724 of 2022(3) dt.19-04-2023

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147, 148, 149, 341, 323, 325, 354, 504, 506, 509, 307, 427, 379,

188, 440, 332, 171F of the Indian Penal Code, Section 131,

134(b), 135, 135(A) of the R.P. Act, Section 3(i)(r)(s) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, Section 3 of the D.P. Act and Section 27 of the

Arms Act.

As per the prosecution case, all the FIR named

accused persons including the appellant and more than 200

unknown persons attacked on the polling booth, assaulted the

police personnel, snatched pistol, damaged EVM machine and

also fired upon the police personnel.

Learned counsel for the appellant submits that the

appellant has no concern with the aforesaid occurrence. There is

no allegation of slating the informant in the specific name of his

caste. Hence, no offence under Section SC/ST Act is made out

against the appellant. Similarly situated co-accused, have been

enlarged on bail by this Court vide order dated 22.03.2022

passed in Cr. Appeal (SJ) No.218 of 2022 and vide order dated

09.11.2022 passed in Cr. Appeal (SJ) No. 305 of 2022.

Appellant has got no antecedent as mentioned in para-3 of

memo of the appeal.

Learned Spl. PP for the State opposes payer for bail

Patna High Court CR. APP (SJ) No.3724 of 2022(3) dt.19-04-2023

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and submits that the appellant abused the respondent no.

2/informant by taking caste name.

Considering the facts and circumstances of the case,

let 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 enlarged on bail on furnishing bail bond

of Rs. 25,000/- (Rupeees Twenty Five Thousand) with two

sureties of the like amount each to the satisfaction of learned

Special Judge SC/ST Act, East Champaran at Motihari, in

connection with Kalyanpur P.S. Case No. 287 of 2021, 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.

anand/-

(Anjani Kumar Sharan, J)

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