Allowed

Vikrant Kumar @ Rasgul Kumar v. the State of Bihar

Patna HC8 Jul 2021CR. APP (SJ)/1287/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed the appellants appeal against the rejection of their plea for anticipatory bail. The court set aside the lower court order and granted bail contingent upon arrest or surrender within eight weeks.

What did the court decide?

The appeal stands allowed. The appellants are directed to be released on bail upon arrest or surrender within eight weeks, subject to furnishing bail bonds and sureties.

Vikrant Kumar @ Rasgul Kumar Vs the State of Bihar — Caste Atrocities | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1287 of 2021

¶2

Arising Out of PS. Case No.-78 Year-2019 Thana- SC/ST District- Muzaffarpur

¶3

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

¶4

Vikrant Kumar @ Rasgul Kumar S/O Late Vinod Singh R/O VillageGopalpur, P.S.Karja In The District Of Muzaffarpur

¶5

Dheeraj Kumar S/O Pramod Singh R/O Village-Gopalpur, P.S.Karja In The District Of Muzaffarpur

¶6

Mukesh Kumar S/O Jagdish Singh R/O Village-Gopalpur, P.S.Karja In The District Of Muzaffarpur

¶7

Suman Kumar S/O Dilip Singh R/O Village-Gopalpur, P.S.Karja In The District Of Muzaffarpur

¶8

Anshu Kumar S/O Vijay Paswan R/O Village-Gopalpur, P.S.Karja In The District Of Muzaffarpur

¶9

Abhishek Kumar @ Gopal Kumar S/O Amarjeet Kumar @ Amarjeet Paswan R/O Village-Gopalpur, P.S.Karja In The District Of Muzaffarpur

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Ranjeet Kumar- Advocate For the Respondent/s : Ms. Usha Kumari-1-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

¶15

2 08-07-2021

¶16

Heard Mr. Ranjeet Kumar, the learned Advocate for

¶17

the appellants and Ms. Usha Kumari-1, the learned Special Public Prosecutor for the State.

¶18

The appellants have challenged the order dated 12.10.2020 passed by the learned Additional Sessions Judge-III-cum-Special Judge, SC/ST Act, Muzaffarpur in connection with Muzaffarpur SC/ST P. S. Case No.78 of 2019, instituted for the offences under Sections 341, 147,

¶19

Patna High Court CR. APP (SJ) No.1287 of 2021(2) dt.08-07-2021 2/3

¶20

323, 504, 379 of the Indian Penal Code and Section 3(i)(r) (s), 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.

¶21

It is alleged in the F.I.R. that on the appellants being reminded of the fact that they ought not to indulge in such drunken/ rowdy behaviour, a fight took place in which the appellants are stated to have assaulted the members of the prosecution party by cricket bat and wicket sticks.

¶22

The learned Advocate for the appellants has submitted that no such occurrence as narrated in the F.I.R. ever took place. In fact, while playing cricket, the members of two communities fought amongst themselves and the present case has been lodged with distorted accusation. Nobody appears to have been injured in any severe manner.

¶23

The accusation with respect to hurling of abuses by taking the caste name of the informant is also incorrect and is for the purpose of adding seriousness to the offence.

¶24

Regard being had to the aforesaid submissions, the order dated 12.10.2020, referred to above, is set-aside. The appeal stands allowed.

¶25

The appellants, above-named, in the event of their

¶26

Patna High Court CR. APP (SJ) No.1287 of 2021(2) dt.08-07-2021 3/3

¶27

arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III-cumSpecial Judge SC/ST, Muzaffarpur in connection with Muzaffarpur SC/ST P. S. Case No.78 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶28

(Ashutosh Kumar, J)

¶29

vikash/-

¶30

U T

Vikrant Kumar @ Rasgul Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vikrant Kumar @ Rasgul Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raja Ram Mishra Vs The State of Bihar

Md. Harun Vs The State of Bihar

Dilip Rai Vs The State of Bihar

Shamim Akhtar @ Guddu Ansari Vs the State of Bihar

Jayboli Yadav Vs the State of Bihar

Pankaj Kumar Panjiar @ Pankaj Kumar Panjiyar Vs the State of Bihar