Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3079 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Raushan Kumar Son of Uday Yadav, R/o Village- Ganjas, P.S.- Muffasil, District- Gaya.

... ... Appellant

Versus

1.

The State of Bihar.

2.

Arjun Paswan Son of Sri Kailash Paswan, R/o Village- Ganjas, P.S.- Muffasil, District- Gaya.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Ujjawal Kumar Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2025 Despite valid service of notice, no one appears on behalf of the respondent no. 2.

2. Heard learned counsel for the appellant and learned Special Public Prosecutor appearing on behalf of the State.

3. This criminal appeal has been filed against the order dated 01.05.2024 passed by learned Exclusive Special Judge SC/ST, Gaya in ABP No. 126 of 2024 in connection with Gaya Muffasil P.S. Case No. 113 of 2024, instituted under Sections 341, 323, 504, 307 and 354 read with Section 34 of the Indian Penal Code and under Sections 3(i)(r)(s) 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.3079 of 2024(3) dt.15-05-2025 2/3 appellant has been rejected.

4. Prosecution case, in brief, is that on 06.02.2024, all the accused persons threw bricks upon the informant due to which he sustained injury and thereafter, it is alleged that they also abused the informant by taking caste name.

5. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. He further submits that both the parties are close neighbours and there is case and counter case between them. Injury sustained by the injured is simple 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 bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Gaya Muffasil

Patna High Court CR. APP (SJ) No.3079 of 2024(3) dt.15-05-2025 3/3 P.S. Case No. 113 of 2024.

8. Accordingly, this criminal appeal is allowed and impugned order dated 01.05.2024 is set aside with respect to this appellant only.

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