Rajesh Kumar @ Munna S/O Dharmendra Kumar And Ors vs State Of Bihar And Ors

Heard learned counsel for the appellants and learned Additional Public Prosecutor appearing on behalf of the State.

The appellants are aggrieved by the order dated 15.11.2019 passed by learned Special Judge, SC/ST Act, Gaya in A.B.P. No. 287 of 2019 arising out of Atri P.S. Case No. 100 of 2016 registered for the offences under Sections 147, 149, 341, 323, 324, 325, 379 and 504 of the Indian Penal Code and Sections 3(1) (x) of the Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act.

Learned counsel for the appellants submits that the appellants have no criminal antecedent. Learned counsel submits that from perusal of the fardbeyan of the informant, one cannot come to the conclusion that any case under the provisions of the Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act is made out. He further submits that there is no disclosure by the informant in the FIR as he was not called by caste by any of the appellants in public view.

So far as other allied sections of the IPC are concerned, learned counsel for the petitioners submits that there is general and omnibus allegation and no specific overt act has been alleged against the appellants.

Considering the fact that the provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act are not made out, this Court is inclined to grant the privilege of anticipatory bail to the petitioners. Let petitioners, above-named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST, Gaya in connection with Atri P.S. Case No. 102 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The appeal stands allowed.