Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2207 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Deepak Kumar Son Of Ganga Sagar Rai @ Ganga Rai Resident of VillageManiyarpur, P.S.- Ghatho, District- Samastipur. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Gango Ram Son Of Late Yugal Ram Resident of Village- Maniyarpur, P.S.- Ghatho, Distt. - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arbind Kumar Sharma For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

The present memo of appeal has been filed on behalf of the appellant for grant of anticipatory bail against the order dated 15.03.2022 passed by learned Special Judge, Samastipur in connection with Vidyapatinagar (Ghataho OP) P.S. Case No. 163 of 2021 under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and section 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail of the appellant was rejected.

Prosecution case in brief is that on the alleged date

Patna High Court CR. APP (SJ) No.2207 of 2022(2) dt.05-07-2023 2/2 and time of occurrence, while the informant returning home, on the way at Pankaj Thakur's Saloon, appellant and co-accused abused the informant by caste name. Appellant assaulted the informant with lathi, danda causing head injury. It is submitted on behalf of the appellant that FIR has been lodged after delay of two day for which there is no explanation. Appellant has been falsely implicated in this case due to old enmity and village politics. No case under SC/ST Act is made out, as the occurrence has not taken place within public view. The doctor has found the injury simple in nature. Appellant has got clean antecedent.

Counsel for State opposed the prayer for bail and submitted that there is specific and direction allegation of assault and abuse by caste name against the appellant. Considering the facts aforesaid, I am not inclined to enlarge the appellant above-named on anticipatory bail. Accordingly, this appeal stands dismissed.

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