Bachcha Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1417 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.

Bachcha Sah SON OF Vidhya Sagar Sah RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 2.

BACHCHA SINGH SON OF RAMDARSHAN SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 3.

RAMAN THAKUR SON OF RAMHANS THAKUR RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 4.

MUNNI DEVI WIFE OF BABU LAL THAKUR RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 5.

NITU DEVI WIFE OF BHUSHAN SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 6.

RIAM DEVI WIFE OF RAJMANGAL SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 7.

AMALA DEVI WIFE OF SAHEB SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 8.

MAMTA DEVI WIFE OF SAHDEV SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 9.

GITA DEVI WIFE OF MADAN SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 10.

SATYDEV SINGH SON OF RAMBALAK SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 11.

SAHDEV SINGH SON OF RAMBALAK SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 12.

AVADHKISHOR SINGH SON OF GAURISHANKAR SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 13.

RAHUL KUMAR SINGH SON OF AVADHKISHOR SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 14.

FUL KUMARI DEVI WIFE OF AVADHKISHOR SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 15.

ACHCHHELAL SINGH SON OF SHIVBALAK SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 16.

VIDHICHAND SINGH @ VIHICHAN SINGH SON OF AMBIKA SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 17.

AVDHESH SINGH @ AVDHESH SINGH SON OF RAMNARESH SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DISTEAST CHAPARAN 18.

FARID MIYA SON OF SADIK MIYA RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 19.

CHHOTELAL SINGH SON OF SATYANARAYAN SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN

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BHAGVATIYA DEVI @ BHAGWANTI DEVI WIFE OF SAHDEV SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 21.

SABITA DEVI WIFE OF CHHOTE LAL SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 22.

RITA DEVI WIFE OF SIKINDR SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 23.

HASIBA KHATUN WIFE OF JAMIL AKHTAR RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 24.

MANVA DEVI WIFE OF DASHRATH THAKUR RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 25.

ANITA DEVI WIFE OF VIJAY THAKUR RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 26.

AMRITA DEVI WIFE OF AADESHWAR SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 27.

ROKSANA KHATUN @ RUKSANA KHATOON WIFE OF NASIM AKHTAR ALAM RESIDENT OF VILLAGE- BIKRAM PUR, PSDHAKA, DIST- EAST CHAPARAN 28.

BABY KHATOON WIFE OF HASAN MIYA RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 29.

SURATIYA DEVI @ SURTI DEVI WIFE OF KRISHNANDAN RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 30.

MINTU KUMAR SON OF HARIOM SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 31.

FULMATI DEVI WIFE OF RAMLAKHAN SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 32.

AWNISH KUMAR @ AWNISH KUMAR SON OF RAMDUTT SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 33.

MOSAFIR SINGH SON OF PUJERI SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 34.

RAVI KUMAR SON OF SRINARAIN SINGH RESIDENT OF VILLAGEBIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 35.

DHEERAJ KUMAR SON OF RAJESH SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN 36.

SOBODH SINGH @ SUDHIR KUMAR SON OF JAGARNATH SINGH RESIDENT OF VILLAGE- BIKRAM PUR, PS- DHAKA, DIST- EAST CHAPARAN ... ... Appellant/s

Versus

1.

The State of Bihar 2.

REENA KUMARI, FEMALE CIRCLE OFFICER DHAKA, PS- DHAKA,

3/5 DISTT- EAST CHAMPARAN BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar For the Respondent/s :

Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2024

1. Heard learned counsel for the appellants and learned Spl. P.P. for the State.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 27.02.2024 in A.B.P. No. 705 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in connection with Dhaka P.S. Case No. 15 of 2024 registered for the offences punishable under Sections 147, 148 149, 341, 323, 353, 386, 387, 307, 354(B), 504, 506 and 427 of the Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act.

3. Learned counsel for the appellants submits that appellant nos. 1, 2, 15, 16 and 18 have antecedent of 7, 2, 1, 1 and 1 case respectively while rest of the appellants are persons with clean antecedent. It is next submitted that informant who is Circle Officer alleges that on 08.01.2024, she reached village-

4/5 Bikrampur along with personnel from the Revenue Department and police for removing encroachment in compliance of the orders passed by this Court, further when the informant and her team reached the place of occurrence, the accused persons including the appellants and others unknown accused created obstacle during removal of the encroachment and also pelted stones and bricks and damaged the official vehicle of the informant and the driver of the informant was abused by his caste name.

4. Learned counsel for the appellants submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation is general and omnibus in nature. It is further submitted that even the allegation of abusing the driver of the informant by taking his caste name is not specific. It is next submitted that since the Circle Officer, in name of the compliance of the orders of this Court, was committing excess in removing encroachment even from places which were not encroached, as such, a mob had gathered and since appellants are also resident of nearby places, as such, they had also come to witness the occurrence.

5. Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellants.

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6. In view of the submissions made by the learned counsel for the appellants, the order dated 27.02.2024 in A.B.P. No. 705 of 2024 passed by the learned Special Judge S.C./S.T. (POA) Act, East Champaran, Motihari in connection with Dhaka P.S. Case No. 15 of 2024 registered for the offences punishable under Sections 147, 148 149, 341, 323, 353, 386, 387, 307, 354(B), 504, 506 and 427 of the Indian Penal Code as well as Sections 3(2)(v) of the SC/ST Act, is hereby set aside and the appellants above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhaka P.S. Case No. 15 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T