Rajkumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1823 of 2024 Arising Out of PS. Case No.-320 Year-2021 Thana- DAUDPUR District- Saran ====================================================== 1.
Rajkumar Singh Son of Late Shankar Singh Resident of Village- Sadhpur Chatar, P.S.- Daudpur, Dist.- Saran 2.
Abhinaw Ranjan @ Chhotu Singh @ Chhotu @ Abhinaw Ranj Son of Raj Kumar Singh Resident of Village- Sadhpur Chatar, P.S.- Daudpur, Dist.- Saran 3.
Bhanu Pratap Singh Son of Rajkumar Singh Resident of Village- Sadhpur Chatar, P.S.- Daudpur, Dist.- Saran ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Ranjay Kumar Manjhi Son of Late Rudal Manjhi Resident of villageNasira, Post- Bohra, P.S.- Daudpur, Dist.- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Raj Kumar, Adv.
For the Respondent/s :
Ms.Usha Kumari 1,Spl.PP Ms.Urmila Kumari,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the appellants, learned Special P.P. for of the State and learned counsel appearing on behalf of respondent no. 2.
2. This appeal has been filed against the order dated 08.02.2022 passed by learned Special Judge, SC/ST Act, Chapra, Saran in a case registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.
Patna High Court CR. APP (SJ) No.1823 of 2024(4) dt.06-02-2025 2/3
3. As per prosecution case, on 01.12.2021 at about 8 O'clock, these appellants, variously armed, abused informant by taking caste name and thereafter, assaulted him and also snatched Rs. 15,000/-.
4. Learned counsel for the appellants submits that both parties are co-villagers and informant is tractor driver of one Rana Pratap Singh, who is neighbour of these appellants and as per instance of Rana Pratap Singh, this false and concocted case has been lodged by informant. Though, appellants are alleged to have assaulted informant, but there is no injury report on record. Rest of the allegation is ornamental. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out.
5. Learned Spl. Public Prosecutor for the State and learned counsel appearing on behalf of Respondent no. 2 opposed the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order dated 08.02.2022 is, hereby, set aside and this criminal appeal is allowed.
7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, be
Patna High Court CR. APP (SJ) No.1823 of 2024(4) dt.06-02-2025 3/3 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 Special Judge, SC/ST Act, Chapra, Saran in connection with Daudpur P.S. Case No. 320 of 2021. (Prabhat Kumar Singh, J) anay/- U T