Patna High CourtCR. APP (SJ)/1931/2023bail granted

Vijay Rai @ Vijay Kumar v. The State Of Bihar

2024-11-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1931 of 2023 Arising Out of PS. Case No.-1168 Year-2022 Thana- DANAPUR District- Patna ====================================================== VIJAY RAI @ VIJAY KUMAR S/O SUDARSHAN PRASAD YADAV @ SUDARSHAN RAI R/O Moh- Nasriganj, Biscuit Factory More, Near Flour Mill, P.O- Digha, P.S- Danapur, Distt.- Patna. ... ... Appellant/s

Versus

THE STATE OF BIHAR 2.

Pramila Devi W/O Jagarnath Ram R/O Moh- Nasriganj Biscuit Factory More, Harijan Colony, P.O- Digha, P.S- Danapur, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Amrendra Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024

1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. An order, dated 21.03.2023, passed by learned Exclusive Special Judge SC/ST, Patna, in ABP No. 10353 of 2022, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Danapur Police Station Case No. 1168 of 2022 registered for the offence punishable under Sections 286/435/341/323/307/504 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 (1)(r)(s) and

Patna High Court CR. APP (SJ) No.1931 of 2023(5) dt.19-11-2024 2/3 3(2)V of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

3. Despite service of notice, no one appears on behalf of the respondent no. 2.

4. The prosecution case, as per the First Information Report, is that the appellant, along with other accused persons, assaulted the informant's husband and son by means of lathi, danda, bamboo, etc., and other accused persons resorted to firing. He next submits that the occurrence has allegedly taken place on 25.10.2022, when the informant objected the accused persons from using the fire crackers lest his hut may catch fire.

5. Learned counsel for the appellant submits that both the parties are co-villagers and there is no allegation of hurling caste based abuse to the informant and her family members. The occurrence has taken place on the day of Diwali, when the informant objected regarding use of fire crackers in the locality. He next submits that no serious injuries has been caused to the victims and some of the accused persons have been granted regular bail by the concerned Court below.

6. Having regard to the submissions made on behalf of the

Patna High Court CR. APP (SJ) No.1931 of 2023(5) dt.19-11-2024 3/3 parties and taking into consideration the nature of allegation and the fact that both the parties are covillagers, the alleged occurrence has taken place regarding use of fire crackers on Diwali and allegation against the appellant is general and omnibus in nature, I am inclined to grant the appellant privilege of anticipatory bail.

7. This appeal is, accordingly, allowed and the order, dated 21.03.2023, passed by learned Exclusive Special Judge, SC/ST, Patna, in ABP No. 10353 of 2022, is set aside.

8. Let the appellant, above named, in the event of his 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 like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Patna, in connection with Danapur Police Station Case No. 1168 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T