Rupesh Rai Vs the State of Bihar

... ... Respondents ====================================================== Appearance : For the Appellants : Mr.Nalin Kumar, Advocate For the Respondents : Ms/Mrs. Usha Kumari 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 18-07-2024 Appeal for pre-arrest bail of appellant no. 4 (Guddu

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Patna High Court CR. APP (SJ) No.1189 of 2024(3) dt.18-07-2024 2/4

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Rai) is dismissed as withdrawn.

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Heard learned counsel for the appellants and the

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State.

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The present appeal filed under Section 14-A(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST Act’) has been preferred against the order dated 29.01.2024, passed by the learned Exclusive Special Judge SC/ST, Saran in connection with Kopa P.S. case no. 242 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 of the Indian Penal Code and Section 3(1)(r)(s) of the SC/ST Act, whereby the prayer for grant of anticipatory bail of the appellants has been rejected.

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As per the prosecution case, on 24-11-2023 at about 7.30 a.m. morning when respondent no.2 went to attend call of nature, in the meantime in the fileld of Ashok Ram all the F.I.R. named accused persons, armed with various weapons, namely, lathi, Danda, rod started abusing the informant by caste name. When the informant protested, accused Abhishek Rai (appellant no. 2) gave Farsa blow on the neck of informant. Accused Rupesh Rai (appellant no.1) assaulted the informant on the head and leg by the means of rod as a result informant

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Patna High Court CR. APP (SJ) No.1189 of 2024(3) dt.18-07-2024 3/4

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sustained injuries. Other accused person assaulted him by the means of lathi and Danda. On hulla, mother of informant came there. She too was assaulted by the accused persons as a result of which she became injured.

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Learned counsel for the appellants submits that as a matter of fact, the dispute arose between the parties over playing of DJ which led to scuffle in which these appellants and other accused persons assaulted the informant side. Injuries caused by the appellants were simple in nature. Allegation of assault is general and omnibus and no specific overt act has been alleged against these appellants. It is not the case of the informant that any member of public was present on the spot at the time of occurrence, as such, the incident did not take place within public view and hence no offence under the SC/ST Act is made out against these appellants. Appellants claim clean antecedent.

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Counsel for the State and the respondent no.2 oppose the prayer for bail.

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Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside.

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Let all the 14 appellants, named above, except appellant no.4, in the event of their arrest/surrender within a period of eight weeks from the date of receipt/production of a

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Patna High Court CR. APP (SJ) No.1189 of 2024(3) dt.18-07-2024 4/4

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copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, SC/ST, Saran in Kopa Police Station Case No. 242 of 2023.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Rupesh Rai v. the State of Bihar

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Rupesh Rai v. the State of Bihar

Case brief

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