Appeal against rejection of anticipatory bail in a caste-based assault case. Court refused bail due to direct allegations of assault and caste abuse, dismissing the appeal and directing surrender for regular bail.
Appeal dismissed; appellant directed to surrender in court below and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1780 of 2018
Arising Out of PS.Case No. -20 Year- 2017 Thana -SC/ST District- ARRARIA
======================================================
Raj Kumar Gupta, son of late Ganesh Prasad Sah, resident of Om Nagar, Ward No. 8, Police Station & Distt. Araria.
.... .... Appellant/s
Versus The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mukesh Kumar Rana, Advocate. For the Respondent/s : Smt. Usha Kumari No-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 21-05-2018 Heard learned counsel for the Appellant and learned Spl. P.P. for the State.
This Appeal has been preferred against the impugned order dated 20.03.2018 passed by learned 1st Additional Sessions-cum-Special Judge, Araria, in connection with Special SC/ST Case No. 06 of 2017 arising out of Araria SC/ST P.S. Case No. 20 of 2017 registered for the offence under Sections 341, 323, 324, 353, 379, 504, 506/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (i) (r) of SC/ST Act by which the prayer for anticipatory bail of the Appellant has been rejected.
It is alleged in the written report that on the date of occurrence, the Appellant along with 15 unknown persons was standing in the campus of Power Sub Station, Araria. They started
Patna High Court CR. APP (SJ) No.1780 of 2018 (2) dt.21-05-2018
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abusing the informant, who is Junior Engineer in Electricity Department, by calling his caste name. It is also alleged that the Appellant assaulted the informant with bricks causing injury to him. The informant tried to Video record the incident, then appellant snatched his Mobile Phone. The Appellant assaulted the informant by calling his caste name. It is further alleged that the Appellant also attempted to assault the informant with handle of Tubewell, but the informant saved himself any how.
In such circumstances, there is direct allegation of assault against the Appellant.
Therefore, this Court is not inclined to grant anticipatory bail to the Appellant.
This Appeal is accordingly dismissed.
The Appellant is directed to surrender in the court below and make prayer for regular bail.
(Sanjay Priya, J)
S.Ali/U T
1 issue framed by the court
Whether to allow the appeal against the rejection of anticipatory bail in a caste-related assault case involving sections 341, 323, 324, 353, 379, 504, 506/34 IPC, Section 27 Arms Act, and Section 3(i
3 provisions across 3 enactments
Raj Kumar Gupta
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
