Allowed

Bhikhan Rai @ Bhishma Rai v. The State of Bihar

Patna HC1 Jul 2021CR. APP (SJ)/1243/2021

Case brief

AI extract

What is this about?

The High Court of Patna, in an appeal against a rejection of anticipatory bail, set aside the原审 order due to strong indications of a false case. The appellant argued the complainant had a biased motive. Consequently, the bail application was allowed, and the appellants were directed to be released on bail upon arrest or surrender within eight weeks.

What did the court decide?

Appellants to be released on bail in sum of Rs. 10,000 with two sureties upon arrest or surrender within eight weeks.

Bhikhan Rai @ Bhishma Rai Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1243 of 2021

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Arising Out of PS. Case No.-336 Year-2020 Thana- MUFFASIL District- West Champaran

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

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BHIKHAN RAI @ BHISHMA RAI Son of Late Dhrup Rai Resident of Village - Babu Tola, Gurwalia, P.S.- Bettiah Mufassil (Manwapul O.P), Distt.- West Champaran.

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RANJIT KUMAR SINGH @ RANJIT SINGH Son of Jagat Singh Resident of Village - Babu Tola, Gurwalia, P.S.- Bettiah Mufassil (Manwapul O.P), Distt.- West Champaran.

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ASHUTOSH KUMAR @ ASHUTOSH RAI Son of Julfi Rai Resident of Village - Babu Tola, Gurwalia, P.S.- Bettiah Mufassil (Manwapul O.P), Distt.- West Champaran.

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RITESH KUMAR RAI @ RITESH RAI Son of Surendra Rai Resident of Village - Babu Tola, Gurwalia, P.S.- Bettiah Mufassil (Manwapul O.P), Distt.- West Champaran.

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Rajan Kumar Singh @ Rajan singh Son of Ranjeet Kumar Singh Resident of Village - Babu Tola, Gurwalia, P.S.- Bettiah Mufassil (Manwapul O.P), Distt.- West Champaran.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ritesh Kumar For the Respondent/s : Mr. Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 01-07-2021 Heard Mr. Ritesh Kumar, learned Advocate for the

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appellants and the learned Special P.P. for the State.

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The appellants have challenged the order dated

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08.09.2020 passed by the learned 1^st Additional Sessions

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Patna High Court CR. APP (SJ) No.1243 of 2021(2) dt.01-07-2021 2/4

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Judge-cum-Special Judge, SC/ST, Bettiah, West Champaran in Anticipatory Bail Application No. 1281 of 2020 arising out of Bettiah Muffasil P.S. ( Manuwapul O.P.) Case No. 336 of 2020 where the prayer made on behalf of the appellants for grant of anticipatory bail for the offences under Sections 147, 341, 323, 324, 307, 504, 506 and 379 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST ( Prevention of Atrocities), Act.

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It has been alleged in the First Information Report that while the informant was on his way to a shop for purchasing ration, he was confined, abused and assaulted.

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Learned counsel for the appellants has submitted that an absolutely false case has been lodged against them. In fact, the appellant no. 1 was not even named in the F.I.R. and his name has emerged only after the supervision of this case by a superior police office. Apart from this, it has been submitted that the appellant no. 1 has filed a case against the informant of the present case. Two cases were lodged against the informant. One of such cases is under the Arms Act. Learned counsel for the appellants has submitted that

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Patna High Court CR. APP (SJ) No.1243 of 2021(2) dt.01-07-2021 3/4

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an absolutely false case has been lodged which would become evident from the fact that even a person like appellant no. 1, who is a retired Government Servant and aged about 70 years has been made accused in this case. It has also been submitted that there was no occasion for the appellants to have unnecessarily harassed the informant. In fact, there was some dispute with respect to functioning of the PACS and taking advantage of his community, it has been argued, the informant has filed this case.

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Regard being had to the afore-mentioned circumstances and the arguments, the order impugned in the present appeal is set aside.

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The appeal stands allowed.

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The appellants, above named, are directed to be

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released on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt /production of a copy of this order on his furnishing bail bonds in the sum of Rs. 10,000 (Rs. Ten Thousand) with two sureties of like amount each to the satisfaction of learned 1^st Additional Sessions Judge-cum-

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Patna High Court CR. APP (SJ) No.1243 of 2021(2) dt.01-07-2021 4/4

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Special Judge, SC/ST, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. ( Manuwapul O.P.) Case No. 336 of 2020.

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(Ashutosh Kumar, J)

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sunilkumar/-

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U T

Bhikhan Rai @ Bhishma Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhikhan Rai @ Bhishma Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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