Arbind Kumar Patel @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2812 of 2024 Arising Out of PS. Case No.-560 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Arbind Kumar Patel @ Chhotu Son of Arun Chaudhary Resident of Anjabit Singh College Road, Bikramganj, P.S.- Bikramganj, District - Rohtas. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Nilesh Kumar Son of Late Jagnarayan Prasad Resident of Village - Bhokhari, P.S.- Karahgar, District - Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bhaskar Shankar, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. Public Prosecutor For the R.No. 2 :

Mr. Ramakant Ram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2025 Heard learned counsel for the appellant, respondent No. 2 and the State.

2. This criminal appeal has been filed against the order dated 24.05.2024 passed by learned Additional Sessions Judge- XVII -cum-Special Judge (SC & ST), Rohtas at Sasaram in Bikramganj P.S. Case No. 560 of 2023, instituted under Sections 307, 323, 341, 427, 504, 448, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

3. As per F.I.R., on the alleged date and time of

Patna High Court CR. APP (SJ) No.2812 of 2024(4) dt.10-04-2025 2/3 occurrence, all the F.I.R. named accused persons including this appellant attacked informant with lathi, danda, farsa etc. due to which he became injured.

4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Allegation of assault is general and omnibus and there is no specific allegation of overt act against this appellant. Injuries sustained by the injured are simple in nature. Moreover, there is no allegation of caste based abuse in the F.I.R., as such, no offence under SC/ST Act is made out against appellant. Appellant claims clean antecedent.

5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent No. 2 vehemently opposed the bail application.

6. 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 bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- XVII -cum-Special Judge (SC & ST), Rohtas at Sasaram in Bikramganj P.S. Case No. 560 of 2023.

7. Accordingly, this criminal appeal is allowed and

Patna High Court CR. APP (SJ) No.2812 of 2024(4) dt.10-04-2025 3/3 impugned order dated 24.05.2024 is set aside with respect to this appellant only.

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