Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3212 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- CHANDI District- Nalanda ====================================================== AMIT KUMAR S/o Late Ram Gulam Singh R/o village- Manpur, P.S.- Bena, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vikram Deo Singh, Advocate Mr. Rakesh Bihari Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-09-2021 Heard Mr. Vikram Deo Singh, learned counsel for the appellant and Mr. Sadanand Paswan, learned Spl. PP for the State.

The appellant has challenged the order dated 07.10.2020 passed by the learned ADJ-I-cum-Special Judge, SC/ST Act, Bihar Sharif, Nalanda in connection with Chandi/Bina P.S. Case No. 116 of 2020, whereby the prayer made on behalf of the appellant for grant of pre-arrest bail for the offences under Sections 341, 323, 354, 353, 307, 504, 506 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s) (w) 3,2(v)a of the SC/ST (Prevention of Atrocities) Act has been rejected.

The informant has alleged in the FIR that as part of her duty, she had informed about the arrival of

Patna High Court CR. APP (SJ) No.3212 of 2021(3) dt.07-09-2021 2/3 four persons from Ranchi in the house of one Ram Vilash Singh so as to enable the officials of the Health Department to track and test those persons coming from outside for the Corona virus. This was objected to by the accused persons and later in the day, the appellant and others are said to have assaulted the family members of the informant. Though specific accusation of assault is on other accused persons but the appellant is said to have misbehaved with the informant.

There is a counter version of the occurrence also which has been lodged by one Dharmsheela Devi which was registered under Section 308 IPC.

Be that as it may, this Court had earlier rejected the appeal of one of the accused persons of this case viz. Ranjan Kumar. Though the offences charged in the FIR may not be serious but it definitely reflects the mindset of the accused persons including the appellant of reacting against the official duty of the informant. Considering the aforenoted background facts, I am not inclined to entertain this appeal.

The appeal is dismissed.

However, if the appellant surrenders before the court below and seeks bail, all the grounds noted above shall be taken into account and an order shall be passed without being prejudiced by the fact that the present

Patna High Court CR. APP (SJ) No.3212 of 2021(3) dt.07-09-2021 3/3 appeal on his behalf has not been entertained. (Ashutosh Kumar, J) krishna/- U T