Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.337 of 2022 Arising Out of PS. Case No.-227 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Vishal Kumar S/o Ashok Prasad R/o Village- Katalpur, P.s.- Baikunthpur, District- Gopalganj.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sonu Kumar Ram Ramesh Ram Resident of Village and Post- Katalpur, P.S.- Baikunthpur, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kapil Deo Singh, Advocate For the Respondent/s :

Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Despite valid service of notice, nobody appears on behalf of respondent No. 2.

2. Heard learned counsel for the appellant and learned Spl. Public Prosecutor for the State.

3. This criminal appeal has been filed against the order dated 01.12.2021 passed by learned Additional Sessions Judge-Icum- Special Judge SC/ST Act, Gopalganj in connection with Baikunthpur P.S. Case No. 227 of 2020, registered under Sections 3(i)(u)/3(i)(v)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 67 of the Information Technology Act, whereby prayer for anticipatory bail of appellant has been rejected.

4. Allegedly, appellant posed vulgar and obscene

Patna High Court CR. APP (SJ) No.337 of 2022(5) dt.08-08-2024 2/2 remarks on his WhatsApp about Dr. Bhim Rao Ambedkar.

5. Learned counsel for the appellant submits that the mobile phone in question does not belong to the appellant and he has not posted anything wrong on the alleged WhatsApp. There is no allegation of abuse by caste name, as such, no offence under SC/ST Act is made out. Appellant claims clean antecedent.

6. Learned Spl. Public Prosecutor for the State opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Gopalganj in connection with Baikunthpur P.S. Case No. 227 of 2020.

8. Accordingly, the impugned order dated 01.12.2021 is set aside with respect to this appellant and this criminal appeal is allowed.

(Prabhat Kumar Singh, J) Navya/- U T