Vikki Kumar @ Biga Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2401 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Vikki Kumar @ Biga Kumar Son Of Punit Ray Resident Of Village - Maksudpur, P.S. - Rampur Hari, District - Muzaffarpur ... ... Appellant/S
Versus
1.
The State of Bihar 2.
Himanshu Shekhar Son Of Rakesh Kuamr Paswan Resident Of Village - Maksudpur, P.S. - Rampur Hari, District - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sabal Kumar Jha, Adv For the Respondent/s :
Mr. Usha Kumari 1, Spcl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 01.05.2024 passed by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Rampurhari P.S. Case No. 83 of 2023, registered for the offence/s punishable u/ss 341, 323, 328, 379, 504 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act.
3. As per the prosecution case, the appellant and the
Patna High Court CR. APP (SJ) No.2401 of 2024(4) dt.29-08-2024 2/3 co-accused persons are alleged to have abused the informant by calling his caste name and also assaulted the informant and put the intoxicated substance in his mouth due to which he fainted.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. There is a general and omnibus allegation against the appellant. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under section SC/ST Act. The appellant has no criminal antecedent as stated at para 3 of the bail petition. There is delay of 19 days in lodging the F.I.R. and there is no plausible explanation for the same. Similarly situated co-accused has already been granted bail by this court vide order dated 02.05.2024 passed in Cr. Appeal (SJ) No. 5615 of 2023. The injury is found to be simple in nature. The appellant is in custody since 19.04.2024.
5. Learned counsel learned Spl. P.P. for the State as well as learned counsel for the respondent no. 2 have vehemently opposed the prayer of bail.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the
Patna High Court CR. APP (SJ) No.2401 of 2024(4) dt.29-08-2024 3/3 learned counsel for the appellant, the impugned order dated 01.05.2024 passed by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Rampurhari P.S. Case No. 83 of 2023 is set aside against the appellant. The criminal appeal is allowed.
7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with Rampurhari P.S. Case No. 83 of 2023.
8. Accordingly, the appeal stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T