Partly allowed

Rakesh Kumar @ Kaju v. The State of Bihar

Patna HC12 Oct 2022CR. APP (SJ)/428/2022

Case brief

AI extract

What is this about?

In an appeal against refusal of anticipatory bail in an SC/ST Act and IPC case, the High Court set aside the lower court's order granting bail to appellant no. 3. Consequently, the Court allowed anticipatory bail for the remaining appellants upon arrest or surrender.

What did the court decide?

Appellant no. 3's appeal withdrawn. Order refusing anticipatory bail to remaining appellants set aside; their appeal allowed and anticipatory bail granted upon surrender.

Rakesh Kumar @ Kaju Vs The State of Bihar — Caste Atrocities | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.428 of 2022

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Arising Out of PS. Case No.-737 Year-2021 Thana- FATUA District- Patna

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RAKESH KUMAR @ KAJU S/o Shiyu Singh @ Shiv Singh R/o villageSaidpur, P.S.- Fatuha, District- Patna

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Suraj Kumar @ Aditya Kumar S/o Sanjeev Kumar Singh R/o villageSaidpur, P.S.- Fatuha, District- Patna

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Dilip Kumar S/o Satish Singh @ Karu Singh R/o village- Saidpur, P.S.Fatuha, District- Patna

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Aman Kumar S/o Satish Singh @ Karu Singh R/o village- Saidpur, P.S.Fatuha, District- Patna

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Amit Kumar @ Rajveer Kumar S/o Pappu Singh R/o village- Saidpur, P.S.Fatuha, District- Patna

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Kundan Kumar S/o Late Babu Singh R/o village- Saidpur, P.S.- Fatuha, District- Patna

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Daharu Singh S/o Tej Pratap Singh R/o village- Saidpur, P.S.- Fatuha, District- Patna

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... ... Appellant/s

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Versus

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The State of Bihar

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THE STATE OF BIHAR PATNA

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... ... Respondent/s

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Appearance : For the Appellant/s : Mr. Vipin Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 12-10-2022 Heard learned counsel for the appellants and learned

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Spl.P.P. for the State.

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Learned counsel for the appellants, at the outset, seeks permission to withdraw the present appeal with regard to appellant no.3 (Dilip Kumar).

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Permission is accorded.

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This is an appeal under Section 14-A(2) of the

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Patna High Court CR. APP (SJ) No.428 of 2022 (2) dt.12-10-2022 2/3

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 21.12.2021 in ABP No. 8507 of 2021 passed by the learned A.D.J.-III-Cum-Special Judge, SC/ST Act, Patna in connection with Fatuha P.S. Case No. 737 of 2021 registered under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code and Section 3(i)(r) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act).

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Learned counsel for the appellants submits that rest of the appellants are persons with clean antecedent and the informant alleges that on 25.09.2021 while he was fishing behind his house when the appellants came to his house and started abusing him and as pelted stones as a result of which the daughter and brother of the informant sustained injury.

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Learned senior counsel for the appellants submits that from perusal of allegation as alleged in the FIR it would manifest that prima - facie no offence under the SC/ST act is made out, as the appellants in the FIR does not alleged that as to what abused was hurled against him and even the allegation of pelting stones is general and omnibus in nature, it is also submitted that the allegation of injury is ornamental in nature.

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Patna High Court CR. APP (SJ) No.428 of 2022 (2) dt.12-10-2022 3/3

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Learned Spl.P.P. for the State oppose the prayer for appeal of the appellants.

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Considering the submissions made by the learned counsel for the appellants, the order dated 21.12.2021 in ABP No. 8507 of 2021 passed by the learned A.D.J.-III-Cum-Special Judge, SC/ST Act, Patna in connection with Fatuha P.S. Case No. 737 of 2021 is hereby set aside and the appellants nos. 1, 2, 4, 5, 6 and 7, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Fatuha P.S. Case No. 737 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Shivam/-

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U T

Rakesh Kumar @ Kaju v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar @ Kaju v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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