Allowed

Dharmendra Kumar @ Dharmendra Yadav @ Dharmendra Kumar Yadav v. The State of Bihar

Patna HC7 Nov 2019CR. APP (SJ)/4062/2019

Case brief

AI extract

What is this about?

In this appeal under the SC/ST Act against the rejection of anticipatory bail, the Patna High Court examined the circumstances of alleged caste-based assault. The court allowed the appeal and granted bail to the appellants.

What did the court decide?

Appellants released on bail by furnishing bond of Rs. 10,000/- each with two sureties.

Dharmendra Kumar @ Dharmendra Yadav @ Dharmendra Kumar Yadav… — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4062 of 2019

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Arising Out of PS. Case No.-92 Year-2016 Thana- MAGADH UNIVERSITY District- Gaya

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======================================================

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DHARMENDRA KUMAR @ DHARMENDRA YADAV @ DHARMENDRA KUMAR YADAV Son of Rajendra Yadav @ Rajendra Prasad @ Bhola Yadav Resident of Village - Pararia, P.S.- Magadh University, Bodh Gaya, District - Gaya

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Dheeraj Kumar @ Dhiraj Yadav @ Dhiraj Kumar Yadav Son of Rajendra Yadav @ Rajendra Prasad @ Bhola Yadav Resident of Village - Pararia, P.S.- Magadh University, Bodh Gaya, District - Gaya

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Chandra Mohan Jha For the Respondent/s : Mr.Binay Krishna

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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3 07-11-2019 Heard learned counsel for the appellants and learned

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Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 06.02.2017 passed by learned Exclusive Special Judge, SC/ST, Gaya in Magadh University P.S. Case No. 92 of 2016 registered under Sections 341, 323, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s)(w) of the SC/ST Act.

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Eight named accused persons including the appellants started dancing on the vehicle during the immersion procession in front of the house of Kapil Das at the behest of Vikash Yadav and on protest made by the informant, all the accused persons

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Patna High Court CR. APP (SJ) No.4062 of 2019(3) dt.07-11-2019 2/3

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assaulted the informant and his three rescuers by means of belt, lathi and danda and slated him in the name of his caste.

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It is submitted by learned counsel for the appellants that appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case by the informant merely because they were proceeding in immersion procession and some dispute took place between the informant and Vikash Yadav as Vikash Yadav had allegedly kidnapped the daughter of one Kapil Das. The allegation levelled against the appellants is not specific rather general and omnibus in nature. None has sustained injury in the occurrence. No date of occurrence has been mentioned in F.I.R. Appellants have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Exclusive Special Judge, SC/ST, Gaya in connection with Magadh University P.S.

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Patna High Court CR. APP (SJ) No.4062 of 2019(3) dt.07-11-2019 3/3

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Case No. 92 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and

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appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-