Allowed

Manoj Kumar Rajak @ Lalan Rajak @ Lakhan Rajak v. the State of Bihar

Patna HC1 Sept 2023CR. APP (SJ)/414/2023

Case brief

AI extract

What is this about?

An appellant challenged the rejection of anticipatory bail under IPC and SC/ST Acts. The court held allegations were general and omnibus with no specific overt act, noting the parties share the same community. The appeal was allowed, the impugned order set aside, and bail granted.

What did the court decide?

Appeal allowed; impugned order set aside; appellant enlarged on bail by Rs. 10,000 bond with two sureties within eight weeks.

Manoj Kumar Rajak @ Lalan Rajak @ Lakhan Rajak Vs the State… — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.414 of 2023

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Arising Out of PS. Case No.-397 Year-2022 Thana- DANAPUR District- Patna

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

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MANOJ KUMAR RAJAK @ LALAN RAJAK @ LAKHAN RAJAK S/O LAXMI RAJAK R/o mohalla- Quarter No. 38, Officer Colony, Khagaul, P.S.Khagaul in the district of Patna

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... ... Appellant/s

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THE STATE OF BIHAR

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Sweta Kumari Upendra Paswan R/o vill- Anand Bazar Danapur, P.S. Danapur, Dist- Patna

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr. Sunil Kumar , Advocate For the Respondent/s : Mr. Sadanand Paswan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 01-09-2023

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In view of the Jointness petition filed by appellant

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, the notice upon respondent No. 2 has been validly served.

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Heard learned counsel for the parties.

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This appeal has been filed for setting aside order dated 21.07.2022, passed in a case registered for the offence punishable under sections 447, 448 , 341 , 341, 323, 354 , 307, 504, 506/34 a of the Indian Penal Code and sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes, whereby the prayer for anticipatory bail of the appellant has been rejected.

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Allegation against the appellant is to threaten and abuse the informant by caste name .

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It is submitted that allegation is general and

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Patna High Court CR. APP (SJ) No.414 of 2023(6) dt.01-09-2023 2/2

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omnibus against the appellant and no specific overt act has been alleged against him. Both the parties are of same community, as such, no case under SC/ST Act is made out. Similarly situated co-accused persons have already granted bail by this Court vide order dated 17.11.2022 in Cr. APPEAl (SJ) No. 2952 of 2022. Appellant claims clean antecedent.

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Counsel for the parties oppose the prayer for bail. 7. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/St, Patna, in connection with Danapur Police Station Case No. 397 of 2022 .

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(Prabhat Kumar Singh, J)

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Kaushik/-

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U T

Manoj Kumar Rajak @ Lalan Rajak @ Lakhan Rajak v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Kumar Rajak @ Lalan Rajak @ Lakhan Rajak v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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