Patna High Court
Rohit Kumar @ Rohit Manjhi vs The State Of Bihar on 28 February, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4183 of 2024
Arising Out of PS. Case No.-291 Year-2022 Thana- BODHGAYA District- Gaya
======================================================
Rohit Kumar @ Rohit Manjhi, Son of Sanjay Manjhi, Resident of Mohalla-
Near Japan Temple Mastipur, P.S.-Bodh Gaya, Dist.- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajesh Paswan, Son of Gola Paswan, R/o Village- Mastipur, P.S. and P.O.-
Mastipur, Dist.- Bodh Gaya.
... ... Respondent/s/Opposite Parties
======================================================
Appearance :
For the Appellant/s : Mr. Mukesh Kumar, advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 28-02-2025
Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The appellant has preferred the present appeal
under Section 14A(2) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act (for short 'the
Act') for setting aside the impugned order dated 09.08.2024
passed by the learned Exclusive Special Judge, SC/ST Spl.
Court, Gaya in connection with Bodh Gaya P.S. Case No.291
of 2022 registered for the offences punishable under Sections
147, 148, 149, 307, 504, 506, 447 of the Indian Penal Code,
Section 27 of the Arms Act as well as Sections 3(1)(s) and
Patna High Court CR. APP (SJ) No.4183 of 2024 dt.28-02-2025
2/5
3(2)(v) of the Act.
3. Present appeal is well within limitation as
prescribed under Section 14A(3) of the Act.
4. Notice was issued vide order dated 10.01.2025
by this Court regarding present proceedings in terms of
Section 15-A(3) of the Act by the learned Spl.P.P. to the
informant through concerned S.P./S.H.O.
5. It is submitted by learned Special Public
Prosecutor that information already given to the informant in
terms of aforesaid order but, he failed to join the present
proceeding.
6. Accused/appellant is named in the FIR and is in
custody since 17.07.2024.
7. Allegation against the appellant is to cause bodily
injury, while equipped with lathi, danda, sword etc. with
further allegation to fire and to abuse by caste name to
informant and others, having intention to cause their death.
8. It is submitted by learned counsel appearing for
appellant that the injured namely, Asgar Alam @ Kariyal Khan
was assaulted by this appellant and other unknown persons,
Patna High Court CR. APP (SJ) No.4183 of 2024 dt.28-02-2025
3/5
where during course of occurrence, only this appellant was
identified by the injured. It is submitted that as per statement
of injured when he asked this appellant that why he is
assaulting him, the appellant immediately stopped to assault
him. It is pointed out that upon medical examination, the
injury of injured was found simple and was not of such
nature, which may likely to cause his death. It is submitted
that the manner in which the assault was alleged to be made
is not sufficient to suggest that the said assault was made
with an intention to cause death of Asgar Alam/injured. While
concluding argument, it is submitted that investigation of this
case is already completed for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with
the evidence. It is pointed out by learned counsel that
appellant is also the member of scheduled castes community
and, therefore, he appears protected to implead with SC/ST
case as per the provisions of law and moreover the present
occurrence not appears arising out of "atrocities" as defined
within the meaning of Act.
9. In support of his submission, learned counsel has
Patna High Court CR. APP (SJ) No.4183 of 2024 dt.28-02-2025
4/5
also relied upon the legal report of High Court of Madhya
Pradesh as available through State of Madhya Pradesh vs.
Parasram @ Purushottam as reported in [2015 (153)
AIC 276].
10. Learned Special Public Prosecutor while
opposing the prayer for bail of the appellant submitted that
the appellant was the only person who has been identified by
the injured during occurrence and was found engaged in
assaulting the injured namely, Asgar Alam but, fairly
conceded that the injury received by injured upon medical
examination, found as simple.
11. In view of aforesaid facts and circumstances
and by taking note of nature of physical assault, which is
appearing very much general and omnibus qua appellant,
where nature of injury also appears simple, coupled with the
fact that charge-sheet is already submitted and, as such,
there is no chance of tampering with the evidence, where
appellant is in custody since 17.07.2024, accordingly, the
appellant, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. APP (SJ) No.4183 of 2024 dt.28-02-2025
5/5
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge SC/ST, Spl. Court, Gaya
in connection with Bodh Gaya P.S. Case No. 291 of 2022,
subject to the conditions as laid down under Section 437(3) of
the Code of Criminal Procedure (for short 'CrPC')/under
Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for
short 'BNSS').
12. Accordingly, the impugned order dated
09.08.2024
is set aside.
13. The appeal stands allowed.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01-03-2025
Transmission Date 01-03-2025
