Chhotak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.293 of 2023 Arising Out of PS. Case No.-1007 Year-2022 Thana- DANAPUR District- Patna ====================================================== RAHUL KUMAR @ RAHUL RAJAK @ RAHUL RAJ RAJAK S/o Late Umesh Rajak @ Umesh Prasad Rajak R/o Dhobi Tola, P.S.- Danapur, DisttPatna. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ghanshyam Tiwary For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 12.12.2022 passed by learned Special Judge SC/ST Act, Patna in Serial No. 303 of 2022 whereby the prayer for bail of the appellant in connection with Danapur P.S. Case no. 1007 of 2022 under Section 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code and sections 3(i)(r)(s), 3(ii)(va) of SC/ST Act was rejected.

As per allegation in the FIR, while the informant was returning from his vegetable shop, five accused persons including the appellant abused him by taking his cast name. On protest, they all assaulted the informant with lathi, danda and

Patna High Court CR. APP (SJ) No.293 of 2023(5) dt.02-03-2023 2/3 butt of the pistol as a result of which he sustained head injury. It is further alleged that they damaged the mobile phone of the informant and took out Rs. 12,000/- from his pocket and threatened him.

It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. No overt act is attributed against the appellant. Informant has received two simple injuries. Appellant himself belongs to SC/ST Cast, so offence is made out under the provisions of the SC/ST Act against him. He has not taken the cast name of the informant in public view. He has got no criminal antecedent. Appellant is languishing in judicial custody since 15.11.2022. The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 12.12.2022 passed in Serial No. 303 of 2022 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Danapur P.S. Case No. 1007 of 2022 on

Patna High Court CR. APP (SJ) No.293 of 2023(5) dt.02-03-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Patna.

(Sunil Kumar Panwar, J) sushma/- U