Patna High CourtCR. APP (SJ)/5515/2019bail granted

Rajesh Kumar @ Munna v. The State Of Bihar

2019-12-16Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5515 of 2019 Arising Out of PS. Case No.-100 Year-2016 Thana- ATRI District- Gaya ====================================================== 1.

Rajesh Kumar @ Munna S/o Dharmendra Kumar 2.

Ashok Kumar S/o Kailash Prasad @ Arjun Yadav 3.

Vinod Yadav S/o Brahmdeo Prasad 4.

Akhilesh Kumar S/o Brahmdeo Prasad 5.

Rajeshar Prasad S/o Sukhadi Prasad 6.

Arjun Prasad S/o Ramkisun Yadav 7.

Kavindra Prasad S/o Late Ram Sharan Prasad All are residents village- Jag Parsa, P.S.- Atri, District- Gaya (Bihar) ... ... Appellants

Versus

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

For the Appellants :

Mr.Ajay Kumar Sharma, Advocate For the Respondents :

Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 16-12-2019 Heard learned counsel for the appellants and learned Additional Public Prosecutor appearing on behalf of the State.

The appellants are aggrieved by the order dated 15.11.2019 passed by learned Special Judge, SC/ST Act, Gaya in A.B.P. No. 287 of 2019 arising out of Atri P.S. Case No. 100 of 2016 registered for the offences under Sections 147, 149, 341, 323, 324, 325, 379 and 504 of the Indian Penal Code and Sections 3(1) (x) of the Scheduled Castes & Scheduled

Patna High Court CR. APP (SJ) No.5515 of 2019 dt.16-12-2019 2/3 Tribes(Prevention of Atrocities) Act.

Learned counsel for the appellants submits that the appellants have no criminal antecedent. Learned counsel submits that from perusal of the fardbeyan of the informant, one cannot come to the conclusion that any case under the provisions of the Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act is made out. He further submits that there is no disclosure by the informant in the FIR as he was not called by caste by any of the appellants in public view.

So far as other allied sections of the IPC are concerned, learned counsel for the petitioners submits that there is general and omnibus allegation and no specific overt act has been alleged against the appellants.

Considering the fact that the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act are not made out, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. Let petitioners, abovenamed, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the learned Special

Patna High Court CR. APP (SJ) No.5515 of 2019 dt.16-12-2019 3/3 Judge, SC/ST, Gaya in connection with Atri P.S. Case No. 102 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The appeal stands allowed.

(Anil Kumar Upadhyay, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.12.2019 Transmission Date 17.12.2019.