Vishal Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Vishal Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the appellant: he is to be enlarged on bail upon arrest/surrender within six weeks, furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Gopalganj; the impugned order dated 01.12.2021 is set aside with respect to this appellant.

Issue for consideration

Whether the appellant, whose prayer for anticipatory bail in Baikunthpur P.S. Case No. 227 of 2020 (SC/ST Act, Sections 3(i)(u)/3(i)(v)(u); IT Act, Section 67) had been rejected on 01.12.2021, should be granted anticipatory bail.

Court's answer

The appellant is to be enlarged on bail in the event of his arrest/surrender within six weeks, on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Gopalganj, in connection with Baikunthpur P.S. Case No. 227 of 2020.

Ratio / Principle

The impugned order dated 01.12.2021 is set aside with respect to this appellant and the criminal appeal is allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted — By Criminal Appeal (SJ) No.337 of 2022, decided 08-08-2024, the High Court of Judicature at Patna (Prabhat Kumar Singh, J., single bench) set aside the order dated 01.12.2021 of the Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Gopalganj, which had rejected the appellant Vishal Kumar's prayer for anticipatory bail in Baikunthpur P.S. Case No. 227 of 2020, registered under Sections 3(i)(u)/3(i)(v)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 67 of the Information Technology Act, arising out of the appellant's alleged vulgar and obscene WhatsApp remarks about Dr. Bhim Rao Ambedkar. Considering counsel's submissions (mobile phone not belonging to appellant; no abuse by caste name; clean antecedents) and the State's opposition, the Court held that the appellant, on arrest/surrender within six weeks, be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, and accordingly allowed the appeal.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.337 of 2022

Arising Out of PS. Case No.-227 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj

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Vishal Kumar S/o Ashok Prasad R/o Village- Katalpur, P.s.- Baikunthpur, District- Gopalganj.

... ... Appellant/s

Versus

The State of Bihar

Sonu Kumar Ram Ramesh Ram Resident of Village and Post- Katalpur, P.S.Baikunthpur, District- Gopalganj

... ... Respondent/s

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Appearance :

For the Appellant/s : Mr. Kapil Deo Singh, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 08-08-2024

Despite valid service of notice, nobody appears on behalf of respondent No. 2.

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

This criminal appeal has been filed against the order dated 01.12.2021 passed by learned Additional Sessions Judge-Icum- Special Judge SC/ST Act, Gopalganj in connection with Baikunthpur P.S. Case No. 227 of 2020, registered under Sections 3(i)(u)/3(i)(v)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 67 of the Information Technology Act, whereby prayer for anticipatory bail of appellant has been rejected.

Allegedly, appellant posed vulgar and obscene

Patna High Court CR. APP (SJ) No.337 of 2022(5) dt.08-08-2024 2/2

remarks on his WhatsApp about Dr. Bhim Rao Ambedkar.

Learned counsel for the appellant submits that the mobile phone in question does not belong to the appellant and he has not posted anything wrong on the alleged WhatsApp. There is no allegation of abuse by caste name, as such, no offence under SC/ST Act is made out. Appellant claims clean antecedent.

Learned Spl. Public Prosecutor for the State opposed the bail application.

Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge SC/ST Act, Gopalganj in connection with Baikunthpur P.S. Case No. 227 of 2020.

Accordingly, the impugned order dated 01.12.2021 is set aside with respect to this appellant and this criminal appeal is allowed.

(Prabhat Kumar Singh, J)

Navya/- U T