Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5155 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Saurabh Kumar Son of Shashi Kant Choudhary @ Shashi Choudhary Resident of Village- Rasalpur, P.S.- Bhagwanpur, Distt.- Begusarai ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bipin Kumar , Advocate For the Respondent/s :

Mr. Binay Krishna, SPl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2025 Heard learned counsel for the parties.

2. This appeal has been filed for setting aside order dated 20.09.2024 , passed in a case registered for the offence punishable under sections 126(2), 115 ( 2 ), 109, 303 ( 2 ), 308

(3) , 132, 352, 351 ( 2 ) and 3(5) of bharatiya Nyaya sanhita 2023 and sections 3(i)(r)(s) / 3 ( 2 ) ( va) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellants have been rejected. 3 . As per the prosecution case , on the alleged date and time of occurrence , informant who is working as Chowkidar was on duty in the meantime , this appellant along with other co-accused persons came there and abused him by caste name and also assaulted him.

4. It is submitted on behalf of the appellant that the

Patna High Court CR. APP (SJ) No.5155 of 2024(5) dt.04-04-2025 2/2 appellant is innocent and has falsely been implicated in this case due to ulterior motive . Allegation of abuse and assault is general and omnibus against this appellant and no specific allegation of assault is against him.

5 . Learned special Public Prosecutor for the State opposed the bail application and submitted that this appellant along with other co-accused persons abused informant by caste name and assaulted informant and they also caused hindrance to government official in discharging his duties.

6. Considering the fact that informant, who is Chowkidar was on his duty and in the meantime , this appellant and others caused hindrance in discharging his duty and also assaulted informant, I do not find any reason to interfere with the impugned order, accordingly this appeal is dismissed. (Prabhat Kumar Singh, J) Koushik/- U T