Patna High Court
Rishikesh Yadav @ Rishi Kesh Singh vs The State Of Bihar on 12 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2057 of 2020
Arising Out of PS. Case No.-41 Year-2020 Thana- FESHAR District- Aurangabad
======================================================
1. Rishikesh Yadav @ Rishi Kesh Singh Son of Manna Yadav Resident of
Village-Fesara, P.S.-Feshar, District-Aurangabad.
2. Kamlesh Yadav @ Kamlesh Prasad Singh Son of Manna Yadav Resident of
Village-Fesara, P.S.-Feshar, District-Aurangabad.
3. Mukesh Yadav @ Mukesh Kumar Son of Kamlesh Yadav Resident of
Village-Fesara, P.S.-Feshar, District-Aurangabad.
4. Ranjeet Kumar Son of Late Ramkrit Yadav Resident of Village-Fesara, P.S.-
Feshar, District-Aurangabad.
5. Sujeet KUmar Son of Late Ramkrit Yadav Resident of Village-Fesara, P.S.-
Feshar, District-Aurangabad.
6. Pramod Kumar Son of Late Ramkrit Yadav Resident of Village-Fesara, P.S.-
Feshar, District-Aurangabad.
7. Dharmendra Yadav Son of Late Ramkrit Yadav Resident of Village-Fesara,
P.S.-Feshar, District-Aurangabad.
8. Ravindra Yadav @ Ravindra Kumar Son of Late Rampravesh Yadav
Resident of Village-Fesara, P.S.-Feshar, District-Aurangabad.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellants : Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Rakesh Singh, Adv.
For the State : Mr. Sadanand Paswan, Spl.P.P.
For the Informant : Mr. Ravindra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 12-03-2021
Heard Mr. Krishna Prasad Singh, learned senior
advocate for the appellants, Mr. Sadanand Paswan, learned Special
Public Prosecutor for the State and Mr. Ravindra Kumar, learned
counsel for the informant.
2. This appeal under Section 14-A(2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.2057 of 2020 dt.12-03-2021
1989 (for short 'SC/ST Act') has been preferred by the appellants
challenging the order dated 21.08.2020 passed by the learned 1 st
Additional Sessions Judge-cum-Special Judge, Aurangabad in
A.B.P. No. 439 of 2020 whereby he has rejected the prayer for
grant of pre-arrest bail of the appellants in connection with Fesar
P.S. Case No. 41 of 2020 registered inter alia under Section 307 of
the Indian Penal Code, Sections 3(1)(r)(s) and 3(2)(va) of the
SC/ST Act.
3. Learned senior counsel appearing for the appellants
submitted that there is no allegation against the appellants in the
FIR of abusing the informant taking his caste name. He contended
that as per the FIR the allegation of abusing the informant taking
his caste name is against co-accused Arvind Yadav. So far as the
appellants are concerned, they participated in the offence
subsequently and general allegation of abusing and assaulting the
informant has been levelled against all the accused persons
without mentioning his caste name. He further contended that the
instant case is counter blast of Fesar P.S. Case No. 40 of 2020,
which has been registered on the basis of oral statement of Ranjeet
Kumar (Appellant no.4) against the informant and his family
members. He contended that in the alleged occurrence from the
side of the prosecution six persons have been injured out of whom
Patna High Court CR. APP (SJ) No.2057 of 2020 dt.12-03-2021
one has sustained grievous injury whereas from the side of the
informant three persons, i.e., appellant nos. 4, 6 and 7 were injured
and the appellant no.7 Dharmendra Yadav had sustained grievous
injury.
4. Learned counsel for the State and learned counsel for
the informant submitted that the court below rightly rejected the
application for grant of pre-arrest bail to the appellants in view of
specific bar created under Section 18 of the SC/ST Act.
5. Having heard the parties, since the allegation of
abusing the informant is specifically against co-accused Arvind
Yadav and there is nothing specific as against the appellants and in
a quarrel between the parties members of both sides sustained
injuries pursuant to which there is case and counter case, I am
inclined to grant pre-arrest bail to the appellants.
6. Accordingly, the order impugned dated 21.08.2020
passed by the learned 1st Additional Sessions Judge-cum-Special
Judge, Aurangabad in A.B.P. No. 439 of 2020 is set aside.
7. The appellants are directed to be released on bail in
the event of their arrest or surrender on furnishing bail bond of
Rs.10,000/- (Rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned 1 st Additional
Patna High Court CR. APP (SJ) No.2057 of 2020 dt.12-03-2021
Sessions Judge-cum-Special Judge, Aurangabad in connection
with Fesar P.S. Case No. 41 of 2020.
8. The appeal stands allowed.
(Ashwani Kumar Singh, J)
Pradeep/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 17.03.2021
Transmission Date 17.03.2021
