Mahendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.516 of 2025 Arising Out of PS. Case No.-335 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1 .

Mahendra Ray S/O Late Munshi Ray Resident of Village- Bheriyahi, P.S.- Chiraia, District- East Champaran 2.

Ravi Bhushan Kumar S/O Sri Mahendra Ray Resident of Village- Bheriyahi, P.S.- Chiraia, District- East Champaran 3 .

Dhiraj Kumar s/O Surendra Ray Resident of Village- Bheriyahi, P.S.- Chiraia, District- East Champaran ... ... Appellant/s

Versus

1 .

The State of Bihar Patna 2.

Sri Navin Kumar S/O Late Vriksha Prasad Paswan Resident of VillageBardaha, P.S.- Khudaganj, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jai Prakash Verma, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the parties.

2. This appeal has been filed for setting aside order dated 29.10.2024 passed in a case registered for the offence punishable under sections 126(2), 115 ( 2 ), 352, 3(5) of bharatiya Nyaya sanhita 2023 and sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants have been rejected.

3 . As per the prosecution case , on 23.08.2024 , when the investigation team from district had come for inquiry, in

Patna High Court CR. APP (SJ) No.516 of 2025(3) dt.27-03-2025 2/3 course of inquiry, these appellants along with other co-accused persons abused informant, who is posted as Panchayat Rojgar Sewak, by caste name and also assaulted him due to which he sustained injury. It is further alleged that accused persons blocked the way and snatched the keys of his vehicle and pressed his throat and snatched various government documents and in this way, accused persons caused hindrance to government official in discharging his duties.

4. It is submitted on behalf of the appellants that the appellants are innocent and has falsely been implicated in this case due to ulterior motive . Allegation of assault is general and omnibus against these appellants and no specific allegation of assault is against them.

5 . Learned counsel for the State opposed the bail application and submitted that these appellants along with other co-accused persons abused informant by caste name and assaulted informant due to which informant sustained injury and they also caused hindrance to government official in discharging his duties. Appellants have got 3 criminal antecedents.

6. Considering the fact that informant, who is government official and others were simply discharging their duty , and in the meantime , these appellants and others caused

Patna High Court CR. APP (SJ) No.516 of 2025(3) dt.27-03-2025 3/3 hindrance in discharging their duties and also assaulted informant due to which informant sustained injuriy and criminal antecedent of these appellants, I do not find any reason to interfere with the impugned order, accordingly this appeal is dismissed.

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