Allowed

Hritik Kumar @ Ritik Kumar v. The State of Bihar

Patna HC8 Aug 2024CR. APP (SJ)/1021/2023

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail in a case of alleged caste-name abuse, assault and threat to make a video viral. Citing delay in FIR, general allegations and clean antecedents, the court allowed the appeal, set aside the rejection and granted bail on conditions.

What did the court decide?

Appellant to be enlarged on bail on arrest/surrender within eight weeks on bond of Rs. 10,000 with two sureties of like amount; impugned order set aside as regards this appellant only.

Hritik Kumar @ Ritik Kumar Vs The State of Bihar — Caste Atrocities | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1021 of 2023

¶2

Arising Out of PS. Case No.-366 Year-2022 Thana- KANKARBAG District- Patna

¶3

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

¶4

HRITIK KUMAR @ RITIK KUMAR Son of Puneet Kumar @ Punit Sahni @ Vinit Sahni Resident of Muhalla- Malahi Pakri, P.S.- Kankarbagh, DistrictPatna

¶5

... ... Appellant/s

¶6

Versus

¶7

The State of Bihar

¶8

Phool Kumari Wife of Chulhan Paswan @ Chulan Paswan Resident of Muhalla- Dusadhi Pakri, P.S.- Kankarbagh, District- Patna

¶9

===============	====	==================	... ... Respondent/s =================
Appearance : For the Appellant For the State For Respondent No. 2 ===============	: : : ===	Mr. Ram Binod Singh, Mr. Sadanand Paswan, N o n e ==================	Advocate , Spl.PP ================
CORAM: HONOUR	ABL	E MR. JUSTICE PRAB ORAL ORDER	HAT KUMAR SINGH

¶10

5 08-08-2024

¶11

Heard learned counsel appearing for the appellant and learned Special Public Prosecutor appearing for the respondentState.

¶12

Despite valid service of notice, no body appears on behalf of Respondent No. 2.

¶13

This appeal has been filed for setting aside order dated 03.11.2022 passed in a case registered for the offence punishable under Sections 147, 341, 323, 504, 506 and 342 of the Indian Penal Code and Section 3(i)(a)(r)(s)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

¶14

Patna High Court CR. APP (SJ) No.1021 of 2023(5) dt.08-08-2024 2/3

¶15

As per prosecution case, on the alleged date and time of occurrence, while son of informant was returning home, in the meantime, all the F.I.R. named accused persons, including this appellant, came there and abused him by caste name and also assaulted by lathi and danda and made video of the incidence and thereafter, threatened son of informant that they will make the video viral.

¶16

It is submitted by learned counsel appearing on behalf of the appellant that allegation of assault is general and omnibus and there is no specific allegation of overt act against this appellant. From bare perusal of the F.I.R. it is apparent that the alleged occurrence took place on 22.04.2022, however, the present F.I.R. has been lodged on 02.05.2022, i.e. after inordinate delay of 9 days and there is no explanation for the same. It is further submitted that it is not the case of the prosecution that any member of the public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against this appellant. Appellant claims clean antecedents.

¶17

Learned Spl. P.P. appearing for the respondent-State has opposed the prayer for grant of bail to the appellant.

¶18

Patna High Court CR. APP (SJ) No.1021 of 2023(5) dt.08-08-2024 3/3

¶19

Considering the aforesaid facts and circumstances of the case, this appeal is allowed and the impugned order dated 03.11.2022 passed by the learned Exclusive Special Court, SC/ST Act, Patna, in connection with A.B.P. No. 7871 of 2022 arising out of Kankarbagh P.S. Case No. 366 of 2022 is hereby set aside with respect to this appellant only.

¶20

Accordingly, 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 learned Exclusive Special Court, SC/ST Act, Patna, in connection with A.B.P. No. 7871 of 2022 arising out of Kankarbagh P.S. Case No. 366 of 2022.

¶21

(Prabhat Kumar Singh, J)

¶22

shashank/-

Hritik Kumar @ Ritik Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Hritik Kumar @ Ritik Kumar 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

Md Dilsar Ahmad Vs The State of Bihar

Mithilesh Kumar Vs The State of Bihar

Bhola Yadav Vs The State of Bihar

Md. Danish Vs The State of Bihar

Vishal Kumar Vs The State of Bihar

Anand Kumar Vs The State of Bihar