Allowed

Devraj Bhagat v. The State of Bihar

Patna HC2 Mar 2023CR. APP (SJ)/238/2023

Case brief

AI extract

What is this about?

Criminal Appeal by appellant against rejection of bail. High Court allowed appeal, set aside impugned order rejecting bail, and directed enlargement of appellant on bail with sureties.

What did the court decide?

Appellant directed to be enlarged on bail in connection with Mehandiganj P.S. Case No. 164 of 2022 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each.

Devraj Bhagat Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.238 of 2023

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Arising Out of PS. Case No.-164 Year-2022 Thana- MEHANDIGANJ District- Patna

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

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DEVRAJ BHAGAT SON OF VINOD BHAGAT @ BINOD KUMAR BHAGAT R/O VILLAGE- MAHESHPUR A/P MEHANDIGANJ, BRAHAMASTHAN, P.S.- MEHANDIGANJ, 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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MANOJ KUMAR PASWAN @ MANOJ KUMAR SON OF LATE JAMUN PASWAN R/O MOHALLA- MEHANDIGANJ PANI TANKI, DEVI ASTHAN, P.S.- MEHANDIGANJ, DISTRICT- PATNA

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Kaushal Kishor For the Respondent/s : Mr.Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 02-03-2023

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Heard learned counsel for the appellant, learned

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counsel for the informant and learned Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellant against the order dated 23.11.2022 passed by learned Special Judge, SC/ST Act, Patna in Serial No. 350 of 2022 wherebby the prayer for bail of the appellant in connection with Mehandiganj P.S. Case no. 164 of 2022 under Section 147, 148, 149, 323, 341, 307, 354, 379, 504, 506 of the Indian Penal Code Section 27 of the Arms Act and sections 3(1)(r)(s)(w), 3(2)(va) of SC/ST Act was rejected.

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As per allegation in the FIR, while the informant was

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Patna High Court CR. APP (SJ) No.238 of 2023(3) dt.02-03-2023 2/3

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returning after the procession of immersion of idol, several accused persons including the appellant started to assault the informant and his party members by brick batting, lathi, danda, sword and farsa as a result of which several persons received injuries. On raising alarm by the informant, when his family members reached there to rescue him, they were also beaten up by them. It is further alleged that appellant has misbehaved with the female members of the informant side and snatched golden mangalsutra and ear-ring.

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It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to village politics. Appellant has not taken the cast name of the informant in public view. After efforts of well wishers, matter has been compromised between the parties and in support of compromise, Compromise Petition (Annexure-2) is annexed with the petition. No offence is made out under the provisions of the SC/ST Act against him. Appellant is languishing in judicial custody since 10.11.2022.

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The appeal for bail is opposed by learned Spl. P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration that there is general and omnibus

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Patna High Court CR. APP (SJ) No.238 of 2023(3) dt.02-03-2023 3/3

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allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 23.11.2022 passed in Serial No. 350 of 2022 is hereby set aside.

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The appellant is directed to be enlarged on bail in connection with Mehandiganj P.S. Case No. 164 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Patna.

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(Sunil Kumar Panwar, J)

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sushma/-

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Devraj Bhagat v. The State of Bihar

Case brief

What is this about?

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Devraj Bhagat v. The State of Bihar

Case brief

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