Allowed

Vikash Ranjan Kumar @ Vikash Ranjan Kr. v. the State of Bihar

Patna HC20 Sept 2024CR. APP (SJ)/1001/2024

Case brief

AI extract

What is this about?

Appeal under Section 14A(2) of the SC/ST Act against refusal of anticipatory bail in a caste-atrocity FIR. Finding no specific overt act against the appellant, the High Court set aside the impugned order and granted anticipatory bail with conditions under Section 438(2) Cr.P.C.

What did the court decide?

Appellant to be enlarged on anticipatory bail on furnishing bail bond of Rs. 25,000 with two like sureties, subject to Section 438(2) Cr.P.C.; impugned order set aside.

Vikash Ranjan Kumar @ Vikash Ranjan Kr. Vs the State of Bihar — Caste Atrocities | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1001 of 2024

¶2

Arising Out of PS. Case No.-11 Year-2023 Thana- SC/ST District- Gaya

¶3

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

¶4

Vikash Ranjan Kumar @ Vikash Ranjan Kr. Son Of Ram Pravesh Mistri @ Madhir @ Rampravesh Sharma Resident Of Village - Iguna, P.S. - Muffasil, District - Gaya

¶5

... ... Appellant/s

¶6

Versus

¶7

The State Of Bihar

¶8

Mahesh Paswan Son Of Sarju Paswan Resident Of Village - Iguna, P.S. - Muffasil, District - Gaya

¶9

... ... Respondent/s

¶10

====================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar Singh For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶11

3 20-09-2024

¶12

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

¶13

Learned Spl. PP for the State, in compliance of order dated 16.04.2024, informed the informant/complainant. Nobody appeared on behalf of the informant/complainant.

¶14

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 10.01.2024 passed by learned Special Judge, SC/ST Court, Gaya, in connection with SC/ST P.S. Case No. 11 of 2023 registered under Sections 147, 149, 341, 323, 308, 337,

¶15

Patna High Court CR. APP (SJ) No.1001 of 2024(3) dt.20-09-2024 2/3

¶16

338, 354A, 427, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)(s)(w), 3(2)(v) of the SC/ST Act.

¶17

As per the prosecution case, it is alleged that 15 accused persons including the appellant are said to have assaulted and abused the informant by taking his caste name and threatened for dire consequences.

¶18

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellant. He submits that there is no specific allegation against the appellant. He further submits that there is specific allegation against co-accused persons, namely, Gopal Sharma and Kharahi Sharma. Appellant has got no antecedent as mentioned in para-3 of memo of the appeal.

¶19

Learned Spl. PP for the State opposes prayer for

¶20

bail.

¶21

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the appellant, let 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 enlarged on bail on

¶22

Patna High Court CR. APP (SJ) No.1001 of 2024(3) dt.20-09-2024 3/3

¶23

furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Court, Gaya, in connection with SC/ST P.S. Case No. 11 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

¶24

Accordingly, the impugned order is set aside and this appeal is allowed.

¶25

(Anjani Kumar Sharan, J)

¶26

anand/- U T

Vikash Ranjan Kumar @ Vikash Ranjan Kr. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Ranjan Kumar @ Vikash Ranjan Kr. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manju Kumari Vs The State of Bihar through its Secretary Education Department

Laxmi Kumari Vs The State of Bihar

Pankaj Kumar Chaudhary, Vs The State of Bihar

Jayram Mandal Vs The State of Bihar

Hussain @ Md. Hussain Vs The State of Bihar

Aman Raj @ Raja @ Aman Kumar Raj Vs the State of Bihar