(BIHAR) v. THE STATE OF BIHAR

Patna High Court CR. APP (SJ) No.4235 of 2023(4) dt.05-12-2024 (BIHAR)

GOLU KUMAR RAI @ PRINCE KUMAR SON OF BALI RAI RESIDENT OF VILLAGE - RAMDAS CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR)

VICKY KUMAR @ VICKY RAI SON OF ASOKH RAI @ ASHOK RAY RESIDENT OF VILLAGE - RAMDAS CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR)

MANISH KUMAR RAI @ MANISH RAI SON OF CHANDRIKA RAI @ CHANIDAKA RAI RESIDENT OF VILLAGE - RAMDAS CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR)

VIKASH KUMAR SON OF CHANDRIKA RAI @ CHANIDAKA RAI RESIDENT OF VILLAGE - RAMDAS CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR)

BHAJAN RAI @ BIR BHAJAN KUMAR SON OF HARI RAI @ HARIHAR RAI RESIDENT OF VILLAGE - RAMDAS CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR) Versus ... ... Appellant/s

THE STATE OF BIHAR BHUNESHWAR PASWAN SON OF JHAM LAL PASWAN RESIDENT OF VILLAGE - TRILOK CHAK, P.S. - DIGHWARA, DISTRICT - SARAN AT CHAPRA (BIHAR) ... ... Respondent/s ====================================================== Appearance : For the Appellant/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr. Rakesh Kumar Mr. Binay Krishna : : 4 05-12-2024

Heard learned counsel for the appellants and learned ORAL ORDER Additional Public Prosecutor for the State.

2. An order, dated 28.07.2023, passed by learned Additional Sessions Judge III -cum- SC/ST/MP/MLA Judge, Saran at Chapra, in ABP No. 181 of 2023, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Patna High Court CR. APP (SJ) No.4235 of 2023(4) dt.05-12-2024 Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Dighwara Police Station Case No. 181 of 2023 registered for the offence punishable Sections 341/323/307/379/504/506/34 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

The prosecution case, as per the First Information Report, is that on 19.05.2023, in the morning, while the informant was at his home, the appellants, along with other accused persons, armed with danda, iron rod, lathi, country-made pistol, etc. entered into the house of the informant, assaulted him and his family members and also abused them by their caste name.

Learned counsel for the appellants submits that the appellants have been made accused with oblique motive at the behest of their enemies due to village politics. He next submits that the allegation of using the caste name is not in full public view, rather, it has been said that the appellants came at the house of the informant and abused him and his family members. From perusal of the First Patna High Court CR. APP (SJ) No.4235 of 2023(4) dt.05-12-2024 Information Report, it appears that there was no intention to humiliate the informant and his family members. He further submits that injuries caused to the informant and others are simple in nature and no serious injuries have been caused to the informant and others.

Despite information having been given by learned Special Public Prosecutor, no one appeared on behalf of the respondent no. 2.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that caste name was not taken in full public view and injuries caused to the informant and others are simple in nature, I am inclined to grant the appellants privilege of anticipatory bail.

This appeal is, accordingly, allowed and the order, dated

28.07.2023, passed by learned Additional Session Judge III -cum- SC/ST/MP/MLA Judge, Saran at Chapra, in ABP No. 2253 of 2023, is set aside.

Let the appellants, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the Patna High Court CR. APP (SJ) No.4235 of 2023(4) dt.05-12-2024 like amount each to the satisfaction of learned Additional Session Judge III -cum- SC/ST/MP/MLA Judge, Saran at Chapra, in connection with Dighwara Police Station Case No. 181 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- U T (Anil Kumar Sinha, J)