Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1919 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Arun Kumar aged about 25 years Son of Birendra Rai Resident of Village - Manachak, Police Station - Koilwar, District - Bhojpur. 2.

Birendra Rai aged about 50 years Son of Ram Pravesh Rai Resident of Village - Manachak, Police Station - Koilwar, District - Bhojpur. 3.

Bijendra Rai @ Bijendra Kumar aged about 40 years Son of Late Jagdish Rai Resident of Village - Manachak, Police Station - Koilwar, District - Bhojpur.

... ... Appellants

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Kumar Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2021 Heard learned counsel for the parties.

The present appeal is directed against the order dated 25.06.2020 passed in Koilwar Police Station Case No. 103/2020 by learned Additional Sessions Judge -I Bhojpur at Ara in a case registered for the offence punishable under Section 323 and other allied sections of the Indian Penal Code and Section 2 (i) (r)/3 (i)(s)(g) of the SC/ST Act, whereby anticipatory bail of the appellants has been rejected.

As per the prosecution case, on 22.3.2020 appellants and other accused persons including 5 unknown persons abused the informant taking his caste name and committed marpit. They

Patna High Court CR. APP (SJ) No.1919 of 2020(3) dt.30-01-2021 2/2 burnt the bundle of Mustard crops.

Learned counsel for the appellants submits that the appellants have falsely been implicated in this case due to political rivalry as wife of the brother of the informant is Chairman of Zila Parishad. There is general and omnibus allegation against the appellants and in fact no such occurrence took place.

Learned counsel for the state on the other hand opposes the prayer for bail and submits that there is specific allegation against the appellants that they burnt the crops and they have criminal antecedent which is evident from paragraph 3 of the appeal itself.

Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is dismissed.

(Prabhat Kumar Singh, J) Shashi U T