Rupesh Kumar @ Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5535 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- Akbarpur District- Purnia ====================================================== 1 .

Rupesh Kumar @ Rupesh Yadav S/o Kailash Yadav R/o vill - Banki, P.S. - Akbarpur, Distt.- Purnia 2.

Kavita Devi W/o Kailash Yadav R/o vill - Banki, P.S. - Akbarpur, Distt.- Purnia ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Parmanand Paswan S/o Shiya Sharan Paswan R/o vill - Mocharak, P.S. - Fatehpur, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bidhu Ranjan, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP For respondent No. 2 :

Mr. Bijendra Kumar singh, Advocate Mr. Kr. Dhananjay singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2025 Heard learned counsel for the appellant, the State .

2. This appeal has been filed for setting aside order dated 28.10.2024 passed in a case registered for the offence punishable under sections 341 , 327, 353 , 307 and 34 of the IPC and sections 3 (1) ( r ), 3 ( i ) ( s ) , 3 ( ii ) (v) of the Scheduled Castes and Scheduled Tribes Act, whereby prayer for regular bail of the appellants has been rejected. 3 . As per the prosecution case , informant namely Parmanand Paswan alleged that on 08.05.2024 , when informant along with other police personnel went to arrest co-accused Lalu

Patna High Court CR. APP (SJ) No.5535 of 2024(5) dt.11-07-2025 2/3 Yadav in connection with Rupali P S Case No. 17 of 2024 , in the meantime , appellant and mother of Lalu Yadav assaulted and abused informant by caste name .

4. It is submitted that these appellants are innocent and falsely implicated in this case . As a matter of fact, informant being police officer entered into the house of these appellants in night and abused appellants and other family members and upon protest by appellants side , this false and concocted case has been lodged against these appellants. Allegation is general and omnibus in nature . It is not the case of the informant that any member of the public was present at the place of the incident; as such, no offense under the SC/ST Act is made out against the appellant, and they have been in custody since 19.09.2024 .

5 . Learned counsel for respondent No. 2 as well as special Public Prosecutor for the State opposed the bail appeal.

6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside .

7. Let the appellants, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of special Judge SC / ST Act Purnia in

Patna High Court CR. APP (SJ) No.5535 of 2024(5) dt.11-07-2025 3/3 connection with Akbarpur Police Station Case No. 19 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T