Raushan Kumar @ Kirandev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No. 2261 of 2024 Arising Out of PS. Case No.-05 Year-2024 Thana- SC/ST District- Khagaria ====================================================== Raushan Kumar @ Kirandev Yadav Bachchi Yadav Resident of village Nanhaku Mandal Tola PS - Mufassil Khagaria, District Khagaria ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Prabhakar Kumar Son of Yogendra Paswan Resident of village Nanhaku Mandal Tola PS - Mufassil Khagaria, District Khagaria ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ashok Kumar Garg, Adv For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2025 Despite valid service of notice, none appears on behalf of the respondent No. 2.

2. Heard learned counsel for the appellant and the State.

3. This criminal appeal has been filed against the order dated 03.04.2024 passed by learned Additional Sessions Judge, 1st cum Special Court, SC/ST, Khagaria in ABP No. 17 of 2024 in connection with Khagaria (SC/ST) P.S. Case No. 05 of 2024, instituted under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 3(1)(r)(s)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of

Patna High Court CR. APP (SJ) No. 2261 of 2024(4) dt.20-02-2025 2/3 appellant has been rejected.

4. Prosecution case, in brief, is that on 16.02.2024 at about 7:00 P.M. the informant was going to take kurkure from shop and when he reached near shop of Prakash Poddar, then he saw that accused persons and 8-10 unknown persons were playing D.J. Upon protest, they assaulted and abused by caste name. It is further alleged that on 18.02.2024, all the accused persons threatened informant and his family members not to take any legal action.

5. Learned counsel for the appellant submits that both parties are co-villagers. As a matter of fact, occurrence took place between the parties for playing DJ. Appellant is innocent and has committed no offence. Allegation of assault and abuse is general and omnibus in nature. It is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.

6. Learned Spl. Public Prosecutor for the State opposed the bail application.

7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing

Patna High Court CR. APP (SJ) No. 2261 of 2024(4) dt.20-02-2025 3/3 bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st cum Special Court, SC/ST, Khagaria in connection with Khagaria (SC/ST) P.S. Case No. 05 of 2024.

8. Accordingly, this criminal appeal is allowed and impugned order dated 03.04.2024 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J) kiran/- U T