IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.286 of 2020

Arising Out of PS. Case No.-825 Year-2019 Thana- ALAMGANJ District- Patna

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1.

MANIKCHANDRA PRASAD @ MANIKCHAND PRASAD @

MANIKCHAND Son of Late Pyare Lal Resident of Mohalla - Arfabad

Colony, P.S.- Alamganj, Distt - Patna.

2.

Naga Kumar @ Sonu @ Sonu Kumar Son of Manikchand Prasad @

Manikchand Prasad @ Manikchand. Resident of Mohalla - Arfabad Colony,

P.S.- Alamganj, Distt - Patna.

3.

Burha Kahar @ Burah Kahar Son of Yogendra Prasad Resident of Mohalla -

Arfabad Colony, P.S.- Alamganj, Distt - Patna.

4.

Babua Kahar Son of Yogendra Prasad Resident of Mohalla - Arfabad

Colony, P.S.- Alamganj, Distt - Patna.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR

2.

Renu Devi Wife of Jaglal Choudhary Resident of Mohalla - Arfabad Colony,

P.S.- Alamganj, Distt - Patna.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Rudra Deo, Adv.

For the Respondent/s

:

Mr.Binay Krishna, Spl.PP

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

4

01-02-2021

Heard the learned counsel for the appellants

and Sri Binay Krishna, learned Special P.P. for the

State.

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

the Scheduled Caste and Scheduled Tribe

(Prevention of Atrocities) Act, 1989 against the

order dated 13.12.2019 passed by the learned

Additional Sessions Judge VIII cum Special Judge

SC/ST Patna in Anticipatory Bail Petition No. 9600

Patna High Court CR. APP (SJ) No.286 of 2020(4) dt.01-02-2021

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of 2019 in connection with Special Case No. 537 of

2019 arising out of Alamganj P.S. Case No. 825 of

2019 registered under Sections 341, 307, 379,

427, 436, 504, 506 of the Indian Penal Code and

Section 3(i)(r)(s) of the SC/ST (Prevention of

Atrocity) Act 1989, whereby and whereunder the

prayer of the appellants for grant of anticipatory

bail has been refused.

At the outset, the learned counsel for the

appellants has submitted that the appellant nos. 1

and 4 have already been arrested, hence, the

present appeal qua the appellants no. 1 and 4 is

not being pressed.

Accordingly, the present appeal qua the

appellants no. 1 and 4 stands dismissed as not

pressed.

The allegation is regarding the accused

persons including the appellants herein having

arrived at the house of the informant, whereafter

they are stated to have set the house on fire and

had also looted a sum of Rs. 35, 000/-, apart from

assaulting the informant and her husband.

Patna High Court CR. APP (SJ) No.286 of 2020(4) dt.01-02-2021

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The learned counsel for the appellants no. 2

and 3 has submitted that the appellants no. 2 and

3 are innocent and they have been falsely

implicated in the present case. It is submitted that

as far as the appellant no. 2 is concerned, he is an

accused in one other case whereas the appellant

no. 3 is having a clean antecedent. The learned

counsel for the appellants no. 2 and 3 has

submitted that a general and omnibus allegation

has been levelled against the appellants no. 2 and

3.

Per contra, the learned Special P.P. for the

State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances

of the case, considering the submissions made by

the learned counsel for the appellants no. 2 and 3

and taking into account the materials available on

record as also considering the fact that a general

and omnibus allegation has been levelled against

the appellants no. 2 and 3, I deem it fit and proper

to admit the appellants no. 2 and 3 to the privilege

of anticipatory bail.

Patna High Court CR. APP (SJ) No.286 of 2020(4) dt.01-02-2021

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Accordingly, the appellants no. 2 and 3, above

named, are directed to be released on anticipatory

bail on furnishing bail bond of