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Patna High CourtCR. APP (SJ)/3146/2024allowed

Rahul Kumar v. The State Of Bihar

2024-12-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3146 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- SC/ST District- Khagaria ====================================================== Rahul Kumar S/o Sri Shankar Yadav Resident of Nanhku Mandal Tola, P.S. Mufassil, District Khagaria ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Prabhakar Kumar S/o Yogendra Paswan R/o Nanhku Mandal Tola, P.S. - Mufassil, Distt.- Khagaria ... ... Respondent/s ====================================================== For the Appellant/s :

Mr.Lokesh Kumar, Adv.

For the informant : Mr. Praveen Kumar Agrawal, Adv. For the Respondent/s :

Mr.Usha Kumari 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the appellant, learned counsel for the informant and learned Spl. P.P. 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 against the rejection of prayer for bail of the appellant vide order dated 15.06.2024 passed by the learned Special Judge under SC/ST cum A.D.J.-I, Khagaria in Regular Bail Application No. 89/2024 in connection with Khagaria (SC/ST) P.S. Case No. 05 of 2024 dated 19.02.2024 registered for the alleged offences punishable under Sections 323, 341, 307, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3(i)(r)(s)/ 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. As per the prosecution case, when the informant was going to the shop for purchasing kurkure for his children and when

Patna High Court CR. APP (SJ) No.3146 of 2024(4) dt.04-12-2024 2/3 he reached near the shop of Prakash Poddar then the appellant and the co-accused persons along with 8-10 unknown miscreants armed with lathi and danda abused the informant by calling his caste name. The informant's brother namely Diwakar Kumar and Dinkar Kumar opposed the accused persons then all of them started assaulting them with iron rod and butt of pistol due to which they sustained head and back injuries. When the informant came to rescue, he was also brutally assaulted due to which he sustained head injury. Thereafter, the injured were taken to the hospital for treatment.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the appellant. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellant. Learned counsel has further submitted that the informant and his brothers have sustained injuries, the injuries are simple in nature caused by hard and blunt substance but one of the injured sustained injuries which is grievous in nature. It is further submitted that there is no specific allegation against the appellant rather he was only the member of unlawful assembly. The coaccused person has already been granted bail by this court vide

Patna High Court CR. APP (SJ) No.3146 of 2024(4) dt.04-12-2024 3/3 order dated 22.08.2024 passed in Cr. Appeal (SJ) No. 2502 of 2024. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 17.05.2024.

5. Learned Special Public Prosecutor for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for bail of the appellant.

6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counsel for the appellant, the impugned order dated 15.06.2024 passed by the learned Special Judge, SC/ST cum A.D.J.-I, Khagaria in Regular Bail Application No. 89/2024 in connection with Khagaria (SC/ST) P.S. Case No. 05 of 2024, 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 cum A.D.J.-I, Khagaria in Regular Bail Application No. 89/2024 in connection with Khagaria (SC/ST) P.S. Case No. 05 of 2024. (Chandra Prakash Singh, J) Gautam/- U T