Dharmendra Kumar @ Lalu Paswan v. Mahapati Devi

====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mrs. Alka Singh. Advocate Mr.Binay Krishna, Spl.PP : : 9 05-03-2025 Heard learned counsel appearing on behalf of the appellant and learned Special P.P. for the State.

The present appeal has been preferred against the order dated 11.01.2023 passed by learned Exclusive Special Court, SC/ST Act, Patna in A.B.P. No. 8431/2022 in connection with Bihta P.S. Case no. 852 of 2022 registered for the offences punishable under Sections 341, 323, 307, 302, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act, 1989”).

Notice appears validly served upon opposite party no. 2 in view of affidavit regarding jointness, from where it appears Patna High Court CR. APP (SJ) No.2230 of 2023(9) dt.05-03-2025 that the notice was received by son of the informant living together, but, despite service of notice, opposite party no. 2 failed to join the present proceeding.

Allegation against the appellant/accused is to assault the husband of the informant along with other co-accused persons equipped with deadly weapons like iron rod etc. causing head injury to the husband of the informant, who subsequently died.

It is submitted by learned counsel appearing on behalf of the appellant/accused that allegation is to cause fatal assault is specifically available against Vinay Yadav and Ramfal Yadav, both sons of Rajkumar Yadav, whereas allegation against this appellant, who himself is a member of scheduled castes community, appears very much general and omnibus, limited to be the part of the mob only. It is further submitted that similarly situated co-accused namely, Upendra Paswan and Bhola Kumar @ Bhola Paswan have been granted privilege of anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Appeal (SJ) No. 854 of 2023 dated 13.09.2023, and, therefore, judicial discipline also demands that this appellant/accused deserves bail on the ground of parity. It is submitted that the present occurrence took place in the background of previous enmity between two groups of the villagers. It not appears prima- Patna High Court CR. APP (SJ) No.2230 of 2023(9) dt.05-03-2025 facie that same took place out of atrocities as defined within the meaning of the SC/ST Act, 1989. While concluding argument, it is submitted by learned counsel that appellant/accused found involved in two more criminal cases, where he is on bail.

Mr. Binay Krishna, learned Special Public Prosecutor for the State, while opposing the prayer of anticipatory bail of the appellant/accused, fairly conceded that as per facial perusal of the F.I.R., specific allegation qua fatal assault appears not available against this appellant/accused, submitted appellant/accused appears actively participated during occurrence in which husband of the informant was killed.

In view of the aforesaid factual and legal submission and by taking note of the fact as allegation of physical assault is prima-facie not available against this appellant/ accused, rather same appears available against co-accused persons namely, Vinay Yadav and Ramfal Yadav, which proved fatal, coupled with the fact that similarly situated co-accused persons have been granted privilege of anticipatory bail by one of the learned coordinate Bench of this Court, accordingly, impugned order dated

11.01.2023 as passed by learned Exclusive Special Court, SC/ST Act, Patna in A.B.P. No. 8431/2022 in connection with Bihta P.S. Case no. 852 of 2022, stands set-aside/quashed. Patna High Court CR. APP (SJ) No.2230 of 2023(9) dt.05-03-2025

In result, above-named appellant/accused, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, SC/ST Act, Patna/concerned court in connection with Bihta P.S. Case No. 852 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).