Rupesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1725 of 2020 Arising Out of PS. Case No.-12 Year-2019 Thana- FESHAR District- Aurangabad ====================================================== Rupesh Singh, aged about 30 years, Male, Son of Varun Kumar Singh @ Varun Singh, Resident of Village- Dakshin Tola Bakan, P.S.- Fesar, DistrictAurangabad. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Chandradip Ram, Son of Late Rudal Ram, Resident of Village- Aalampur, P.S.- Fesar, District- Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Binay Krishna, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2021 Heard learned counsel for the appellant and learned A.P.P. for the State.

The appeal is against the order dated 05.03.2020 passed by learned 1st Additional District & Sessions Judge-cumSpecial Judge (SC/ST), Aurangabad in A.B.P. No.279 of 2020, whereby the Anticipatory Bail Petition of the appellant in connection with Fesar P.S. Case No.12 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506 of the Indian Penal Code and Sections 3 (i)(r), 3(1)(S) & 3(2) (Va) of SC/ST (Prevention of Atrocities) Act, has been rejected. The prosecution case is that the informant in his fardbayan has alleged that he is posted as teacher at Government

Patna High Court CR. APP (SJ) No.1725 of 2020(3) dt.18-01-2021 2/3 Middle School and on 02.02.2019, the appellant came and said that the informant is a chamar, dom and must stand up and give respect and also assaulted and abused as he wants to dominate the school.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that the appellant is on police bail under Section 41 of the Cr.P.C. He further submits that no witness has supported the prosecution case only the relative of the informant has supported the prosecution case. Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, I am not inclined to enlarge the above named appellant on anticipatory bail. Accordingly, the prayer for anticipatory bail of the above named appellant in connection with Fesar P.S. Case No.12 of 2019 pending in the court of 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Aurangabad is hereby rejected. However, the appellant is directed to surrender before the court below and pray for regular bail and the learned court below shall consider this fact after hearing the parties and dispose of the same on the same day without being prejudiced

Patna High Court CR. APP (SJ) No.1725 of 2020(3) dt.18-01-2021 3/3 by this order.

Accordingly, this appeal stands disposed of.

(Anjani Kumar Sharan, J) Nasimul/- U T