Bhola Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5659 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- MAHESI District- East Champaran ====================================================== Bhola Bhagat, Son of Mahavir Bhagat, Resident of Village - Devajeet Parsauni, P.S.- Mehsi, District- East Champaran ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Chaturanand Ram, Son of Late Jantri Ram, Resident of Village - Garahiya, P.S.- Madhuban, District- East Chamapran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Madhurendra Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 Heard learned counsel for the appellant and the learned Additional Public Prosecutor for the State. This appeal, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is directed against the order dated 17.09.2019 passed in A.B.P. No. 2353 of 2019, whereby and whereunder the learned Ist Additional Sessions Judge-cum-Special Judge (SC/ST), Act, East Champaran at Motihari, rejected the prayer for pre-arrest bail of the appellant in connection with Mehsi P.S. Case No. 135 of 2019 registered under Sections 341, 323, 354(A) and 504/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of

Patna High Court CR. APP (SJ) No.5659 of 2019(2) dt.08-01-2020 2/3 Atrocities) Act.

The persecution case, in brief, is that informant, Chaturanand Ram, along with his wife, son and brother-in-law were returning, boarding on two motorcycles, from the matrimonial house of his sister from village Dewajit Parsoni but in the way, Chotan Dubey and Bhola Bhagat (appellant) over taken their motorcycles and started to abuse denoting his caste saying that why they were moving on motorcycle in fast speed as dust were spreading. When the informant made protest then both started to cause assault and caught hold his collar. In the meantime, three persons also came there on another motorcycle and started to cause assault through lathi and fatta to him and his family members. On raising alarm, villagers came there then all succeeded to flee away from there.

Learned counsel for the appellant submits that due to inimical terms with the brother-in-law of the informant, informant lodged the present case with false allegation on the instigation of his brother-in-law.

Having considered the facts and circumstances of the case and the nature of allegation against the appellant, I am not inclined to grant anticipatory bail to the appellant. Accordingly, his prayer for grant of anticipatory bail stands

Patna High Court CR. APP (SJ) No.5659 of 2019(2) dt.08-01-2020 3/3 rejected and this Criminal Appeal is dismissed. (Rajendra Kumar Mishra, J) Bhardwaj/- U T