Rupesh @ Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1695 of 2024 Arising Out of PS. Case No.-907 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Rupesh @ Rupesh Kumar SON OF AMBUJ SINGH RESIDENT OF VILLAGE- DIHA (WRONG ADDRESS GIVEN IN THE FIR AS VILLAGETAPSI BY THE INFORMANT), PS- BELAGANJ, DIST- GAYA ... ... Appellant/s
Versus
1.
The State of Bihar BIHAR 2.
PAPPU CHAUDHARY SON OF GAYA CHAUDHARY RESIDENT OF VILLAGE- CHANNA, PS- CHANDAUTI, DIST- GAYA ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Shashank Shekhar For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. Though notice has validly been served upon the respondent no.2, but nobody appears on his behalf.
3. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 27.02.2024 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Muffasil P.S. Case No. 907 of 2022 registered under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled
Patna High Court CR. APP (SJ) No.1695 of 2024(4) dt.26-07-2024 2/3 Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. Allegation against the appellant is that he along with other co-accused persons abused the informant by taking his caste name and also assaulted him when the informant stopped them from committing theft. After sometime, 20-25 unknown persons came to co-worker Shashi Shankar Singh and assaulted him brutally with lathi-danda and iron rod.
5. It is submitted by learned counsel for the appellant that appellant is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to ulterior motive. The allegation levelled against the appellant is not specific rather general and omnibus in nature. No injury was found on the body of Shashi Shankar Singh. He further submits that similarly situated co-accused person has been granted bail by this Court on 10.01.2024 in Cr. APP(SJ) No.2612 of 2023. Appellant has two criminal antecedent.
6. Learned Spl. PP for the State opposed the prayer for bail.
7. In the facts and circumstances of the case, as there is compromise between the parties, the above named appellant, in the event of his arrest or surrender before the learned Court be-
Patna High Court CR. APP (SJ) No.1695 of 2024(4) dt.26-07-2024 3/3 low within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Muffasil P.S. Case No. 907 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
8. Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J) shikha/- U T