Allowed

Awdhesh Rai @ Awdhesh Kumar v. the State of Bihar

Patna HC9 Jul 2021CR. APP (SJ)/1326/2021

Case brief

AI extract

What is this about?

High Court allowed a criminal appeal against the rejection of anticipatory bail. The court set aside the impugned order and directed the release of appellants on bail within eight weeks of arrest or surrender, subject to furnishing bail bonds under Section 438(2) Cr.P.C.

What did the court decide?

Order rejecting anticipatory bail set aside; appellants directed to be released on bail within eight weeks of arrest/surrender subject to furnishing bond.

Awdhesh Rai @ Awdhesh Kumar 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.1326 of 2021

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Arising Out of PS. Case No.-294 Year-2020 Thana- BAJPATTI District- Sitamarhi

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

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AWDHESH RAI @ AWDHESH KUMAR S/O SHIVJI RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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MAHESH RAI S/O SHIVJI RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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PAPPU RAI S/O SHIVJI RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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GAJENDRA RAI @ GAJENDRA KUMAR YADAV S/O RAMJINISH RAI @ JINISH RAI RESIDENT OF VILLAGE NARHAKALAN, P.SBAJPATTI, DISTRICT-SITAMARHI.

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CHHOTE RAI @ DHARMENDRA RAI S/O RAMJINISH RAI @ JINISH RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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DEV SHARAN RAI S/O SOKHILAL RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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GANESH RAI S/O RADHE RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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RATNESH RAI S/O RADHE RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

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RAM EQWAL RAI S/O LATE PADARATH RAI RESIDENT OF VILLAGE NARHAKALAN, P.S-BAJPATTI, DISTRICT-SITAMARHI.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Virendra Kumar- Advocate For the Respondent/s : Mr. Sadanand Paswan- S.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 09-07-2021

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Heard Mr. Virendra Kumar, the learned Advocate for

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the appellants and Mr. Sadanand Paswan, the learned Special Public Prosecutor for the State.

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The appellants have challenged the order dated

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Patna High Court CR. APP (SJ) No.1326 of 2021(2) dt.09-07-2021 2/3

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19.10.2020 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge SC/ST Act, Sitamarhi in connection with Bajpatti P. S. Case No.294 of 2020, instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 333, 353, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s), 2(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.

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With respect to a gair-majarua land, the parties indulged in a fight in which many persons are said to have been injured. The members of the warring parties also abused the Chaukidar who has lodged this case. An attempt, it has been alleged in the F.I.R., was made by the accused persons to bring disgrace to the members of the SC/ST community.

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The learned Advocate for the appellants has submitted that there is no injury report on the record and the accusation in the subject F.I.R. is nothing but recrimination of the Chaukidar at the instance of one the warring/ opposite groups. The accusation invoking the mischief of the Scheduled Castes & Scheduled Tribes (Prevention of

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Patna High Court CR. APP (SJ) No.1326 of 2021(2) dt.09-07-2021 3/3

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Atrocities) Act, it has been urged, appears to be highly motivated.

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For the reasons afore-stated, the order dated

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19.10.2020, referred to above, is set aside.

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The appeal stands allowed.

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The appellants, above named, in the event of their 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 the learned 1^st Additional Sessions Judgecum-Special Judge SC/ST Act, Sitamarhi in connection with Bajpatti P. S. Case No.294 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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(Ashutosh Kumar, J)

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vikash/-

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U T

Awdhesh Rai @ Awdhesh Kumar v. the State of Bihar

Case brief

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What did the court decide?

Awdhesh Rai @ Awdhesh Kumar v. the State of Bihar

Case brief

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