Allowed

Gopal Ray @ Gopal Prasad v. The State of Bihar

Patna HC18 May 2023CR. APP (SJ)/309/2023

Case brief

AI extract

What is this about?

In a criminal appeal against an order rejecting bail in an SC/ST case involving cow-related incidents, the High Court allowed the appeal and enlarged the appellants on bail, setting aside the lower court order.

What did the court decide?

The impugned order rejecting bail was set aside; the appellants are directed to be enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties.

Gopal Ray @ Gopal Prasad 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.309 of 2023

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Arising Out of PS. Case No.-15 Year-2022 Thana- SC/ST District- Patna

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

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GOPAL RAY @ GOPAL PRASAD Son of Bhutan Ray R/o Ramjichak, Bataganj, P.S.- Digha, District- Patna

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MUNNA RAY @ MUNNA PRASAD Son of Bhutan Ray R/o Ramjichak, Bataganj, P.S.- Digha, District- Patna

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ANIL KUMAR @ ANIKET KUMAR @ ANIL RAY Son of Gopal Ray R/o Ramjichak, Bataganj, P.S.- Digha, District- Patna

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Deepak Kumar Sinha For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 18-05-2023

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Though notice has been issued to O.P. No. 2, no one has turned to assist the Court.

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Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellants against the order dated 11.5.2022 passed by learned Spl. Judge SC/ST Patna in Serial No. 148 of 2022 whereby the prayer for bail of the appellant in connection with SC/ST P.S. Case No. 15 of 2022 under Sections 341, 323, 354(B), 447, 448, 504, 506/34 of the Indian Penal Code and sections 3(1)(B)(s)(w) of SC/ST Act was rejected.

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Patna High Court CR. APP (SJ) No.309 of 2023(4) dt.18-05-2023 2/3

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As per allegation in the FIR, over throwing garbage by the appellants inside his campus, informant raised objection then appellants and other accused persons entered into her house and started to abuse and misbehaved with her.

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It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. They have not taken the cast name of the informant in public view. They have got no criminal antecedent. No offence is made out under the provisions of the SC/ST Act against them. Both parties are neighbor. The appellant has no intention to disgrace the image of the informant in public view. They are languishing in judicial custody since 18.08.2022.

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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 allegation against the appellants , the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 11.5.2022 passed in SC/ST P.S. Case No. 15 of 2022 is hereby set aside.

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The appellants are directed to be enlarged on bail in connection with SC/ST P.S. Case No. 15 of 2022 on furnishing

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Patna High Court CR. APP (SJ) No.309 of 2023(4) dt.18-05-2023 3/3

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bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Spl. Judge SC/ST Patna.

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(Sunil Kumar Panwar, J)

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sushma-

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Gopal Ray @ Gopal Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gopal Ray @ Gopal Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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