GOPAL KUMARversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4998 of 2023
                      Arising Out of PS. Case No.-53 Year-2023 Thana- TISIAUTA District- Vaishali
                 ======================================================
           1.     GOPAL KUMAR Son of Ranjeet Kumar R/o vill - Shahpur, P.S. - Tisiauta,
                  Dist. - Vaishali
           2.    Amarjeet Ray @ Amarjeet Kumar Son of Naresh Ray R/o vill - Shahpur,
                 P.S. - Tisiauta, Dist. - Vaishali

                                                                                   ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Rinki Paswan Wife of Raushan Kumar Chaudhary R/o vill - Shahpur, P.s. -
                 Tisiauta, Dist.- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Alok Kumar Alok, Advocate
                 For the State           :        Mr. Sadanand Paswan, Spl.PP
                 For Respondent No. 2    :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   19-03-2026                 Heard learned counsel appearing for the appellants

                   and learned Special Public Prosecutor appearing for the

                   respondent-State.

                               2. Despite valid service of notice, no body appears on

                   behalf of the informant/Respondent No. 2.

                               3. This appeal has been filed for setting aside order

                   dated 23.09.2023 passed in a case registered for the offence

                   punishable under Sections 341, 323, 354, 379, 504, 506 and 34

                   of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled

                   Castes and Scheduled Tribes (Prevention of Atrocities) Act,
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          whereby the prayer for anticipatory bail of these appellants has

          been rejected.

                       4.    As per prosecution case, on 06.06.2023 at about

          11 AM, when husband of informant was coming back from

          brick kiln on his motorcycle with ten thousand rupees cash and

          reached near the house of one Subandh Chaudhary, in the

          meantime, all the F.I.R. named accused persons, including these

          appellants, armed with deadly weapons, started abusing husband

          of informant and on the orders of co-accused Sitaram Rai,

          Appellant No. 1 and co-accused Aman Kumar snatched

          motorcycle and cash from husband of informant, co-accused

          Sitaram Rai tore the clothes of the informant and Appellant No.

          2 snatched gold Mangalsutra of the informant. It is further

          alleged that the accused persons assaulted informant and her

          husband and demanded Rangdari of Rs. 10,000/-

                       5. It is submitted by learned counsel appearing on

          behalf of the appellants that appellants are quite innocent and

          have committed no offence. The present case has been lodged

          by the informant/Respondent No. 2 only at the instigation of her

          husband in order to save one Avinash Chaudhary, who happens

          to be his relative, from Tisiauta P.S. Case No. 52 of 2023. As a

          matter of fact, Avinash Chaudhary used to misbehave with one
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          Deepmala, daughter of Ravindra Ray, for which a Panchayati

          was convened in which all the named accused persons,

          including these appellants, were witnesses and thereafter,

          Tisiauta P.S. Case No. 52 of 2023 was lodged against Avinash

          Chaudhary and only with a view to save his skin from the

          aforesaid case, this false and concocted case has been lodged.

          Moreover, the present case has been lodged after inordinate

          delay of four days and there is no plausible explanation for the

          same which itself makes the entire prosecution case doubtful. It

          is further submitted that as per prosecution case, all the F.I.R.

          named accused persons, including these appellants, abused

          husband of informant/Respondent No. 2, however, husband of

          informant/Respondent No. 2 belongs to general caste 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.

                       6. Learned Spl. P.P. appearing for the respondent-State

          has opposed the prayer for grant of bail to the appellants.

                       7. Considering the facts and circumstances of the

          case, this appeal is allowed and the impugned order dated

          23.09.2023 passed by the learned Exclusive Special Court,

          SC/ST Act, Vaishali, Hajipur in connection with Tisiauta P.S.
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                       Case No. 53 of 2023 is hereby set aside with respect to these

                       appellants only.

                                    8. 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 Exclusive Special Court, SC/ST Act, Hajipur, Vaishali in

                       connection with Tisiauta P.S. Case No. 53 of 2023.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T