Ashit Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1956 of 2024

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Arising Out of PS. Case No.-67 Year-2023 Thana- SC/ST District- Bhojpur

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

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ASHIT KUMAR S/O DAWARIKA YADAV R/O VILLAGE- MAHURHEE, P.S- DHANGAIN, DISTT.- BHOJPUR (BIHAR).

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SHASHI KANT KUMAR @ SHASHI KANT YADAV S/O DAWARIKA YADAV R/O VILLAGE- MAHURHEE, P.S- DHANGAIN, DISTT.BHOJPUR (BIHAR).

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USHA DEVI W/O DAWARIKA YADAV R/O VILLAGE- MAHURHEE, P.S- DHANGAIN, DISTT.- BHOJPUR (BIHAR).

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... ... Appellant/s

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Versus

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The State of Bihar

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RAMAWATI DEVI W/O DADAN GAUD R/O VILLAGE- MAHURHEE, P.S- DHANGAIN, DISTT.- BHOJPUR (BIHAR).

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... ... Respondent/s

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====================================================== Appearance : For the Appellants : Ms. Malti Kumari, Advocate For the State : Mr. Sadanand Paswan, Spl.PP For Respondent No. 2 : N o n e ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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3 13-11-2025

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Heard learned counsel appearing for the appellants

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and learned Spl.P.P. appearing on behalf of the State.

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Despite valid service of notice, no one appears on on behalf of the informant/Respondent No. 2.

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This appeal has been filed for setting aside order dated 19.02.2024 passed in a case registered for the offence punishable under Sections 341, 323, 354, 379 and 34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of

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Patna High Court CR. APP (SJ) No.1956 of 2024(3) dt.13-11-2025 2/3

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Atrocities) Act, whereby the prayer for anticipatory bail of these appellants has been rejected.

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As prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted informant and others and abused them by caste name.

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It is submitted by learned counsel appearing on behalf of the appellants that appellants are quite innocent and have committed no offence. As a matter of fact, informant has borrowed some money from these appellants and when the appellants demanded back, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these appellants. From bare perusal of the F.I.R. it is apparent that the alleged incident took place in the field far away from the public view and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against these appellants. Appellants claim clean antecedents.

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On the other hand, learned Spl.P.P. appearing on behalf of the State has vehemently opposed this appeal.

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Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean

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Patna High Court CR. APP (SJ) No.1956 of 2024(3) dt.13-11-2025 3/3

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antecedents of the appellants, this appeal is allowed and the impugned order dated 19.02.2024 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara in connection with A.B.P. No. 3667 of 2023 arising out of SC/ST (K) P.S. Case No. 67 of 2023 is hereby set aside with respect to these appellants only.

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Accordingly, let the appellants, 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) each with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhojpur at Ara in connection with SC/ST (K) P.S. Case No. 67 of 2023.

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(Prabhat Kumar Singh, J)

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shashank/-

Ashit Kumar v. The State of Bihar

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Ashit Kumar v. The State of Bihar

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