Allowed

Abhishek Kumar v. the State of Bihar

Patna HC1 Nov 2023CR. APP (SJ)/1466/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed this criminal appeal against the refusal of anticipatory bail. The court set aside the lower court's order and granted bail to the appellant, who was accused of abusing and assaulting an informant in a case involving SC/ST Act provisions, based on arguments of false implication and procedural delays.

What did the court decide?

Impugned order set aside; appellant released on bail upon furnishing bond of Rs. 25,000 with two sureties of like amount within six weeks.

Abhishek Kumar Vs the State of Bihar — Caste Atrocities | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1466 of 2023

¶2

Arising Out of PS. Case No.-71 Year-2022 Thana- ROSHANGANJ District- Gaya

¶3

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

¶4

ABHISHEK KUMAR SON OF RAMSHWARUP CHAUDHARY RESIDENT OF VILLAGE - BIHARGAIN, P.S. - RAUSHANGANJ, DISTT. - GAYA

¶5

... ... Appellant/s

¶6

Versus

¶7

THE STATE OF BIHAR

¶8

SUKUMARI DEVI WIFE OF AJAY MANDAL RESIDENT OF VILLAGE - BIHARGAIN BHUINTOLI, P.S. - RAUSHANGANJ, DISTT. - GAYA

¶9

... ... Respondent/s

¶10

====================================================== Appearance : For the Appellant/s : Mr. Vinod Kumar For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

3 01-11-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State but in spite of valid service of notice none is present on behalf of respondent no.2.

¶12

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 15.02.2023 passed by learned Special Judge (SC/ST Act), Gaya in connection with Raushanganj P.S. Case No. 71/22 registered under Sections 341, 323, 504 & 506/34 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

¶13

Patna High Court CR. APP (SJ) No.1466 of 2023(3) dt.01-11-2023 2/3

¶14

The appellant in association of other co-accused is said to have abused and assaulted the informant.

¶15

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. Slating the informant in the name of caste is said to have been made at the house of the informant and not in public view, hence no offence under SC/ST Act is made out against the appellant. There is inordinate delay of 11 days in lodging the case without assigning any plausible explanation for the said delay which creates serious doubt about the prosecution case. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Appellant has no criminal antecedent as mentioned in para-3 of this memo of appeal.

¶16

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

¶17

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Act), Gaya in connection with Raushanganj P.S. Case

¶18

Patna High Court CR. APP (SJ) No.1466 of 2023(3) dt.01-11-2023 3/3

¶19

No. 71/22, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶20