Patna High Court - Orders
Dharmendra Kesari @ Dharmendra ... vs The State Of Bihar on 26 July, 2023
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.957 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- SC/ST District- Jehanabad
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1. DHARMENDRA KESARI @ DHARMENDRA KESHARWANI S/o Sri
Surendra Kesari Resident of Village- Gopalganj Bazar, P.S.- Ghoosi,
District- Jehanabad.
2. Ajay Kumar Kesari S/o Sri Krishna Prasad Kesari Resident of Village-
Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
3. Sanjay Kesari S/o Sri Krishan Prasad Kesari Resident of Village- Gopalganj
Bazar, P.S.- Ghoosi, District- Jehanabad.
4. Guddu Kesari @ Madan Prasad Kesari S/o Sri Krishan Prasad Kesari
Resident of Village- Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
5. Rahul Soni @ Rahul Kumar S/o Late Anil Prasad Soni Resident of Village-
Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
6. Vivek Khatri @ Vivek Anand S/o Sri Shiv Kumar Prasad Resident of
Village- Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
7. Gulshan Khatri @ Gulshan Malhotra S/o Sri Shiv Kumar Prasad Resident of
Village- Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
8. Ajeet Kumar Kesari S/o Sri Devi Prasad Kesari Resident of Village-
Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
9. Sunil Kesari @ Sunil Kumar Kesari S/o Sri Jagnath Prasad Kesari Resident
of Village- Gopalganj Bazar, P.S.- Ghoosi, District- Jehanabad.
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. PLhulwa Devi W/o Mahesh Manjhi Resident of Village- Gopalganj Bazar
Musahari Toli, Ward No.01, P.S.- Ghoosi, District- Jehanabad.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Gajendra Kumar Singh, Adv.
For the Respondent/s : Mr.Binay Krishna, SPP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 26-07-20231. Despite valid service of notice, nobody appeared on behalf of respondent No 2.
2. 2.Heard learned counsel for the appellants and the State.
Patna High Court CR. APP (SJ) No.957 of 2022(3) dt.26-07-2023 2/3
3. 3.The present appeal is directed against the order dated 21.02.2022, passed in a case registered for the offence punishable under Sections 341, 323, 504, 506, 509/34 of the Indian Penal Code read with Sections 3 (i) (r) (s) (w) & 3 (2) (va) of the SC/ST Act,whereby anticipatory bail of the appellants has been rejected.
4. There is allegation of abuse by caste name and assault by fists and slaps.
5. It is submitted that there is general and omnibus allegation of assault. Case and counter case. Alleged occurrence did not take place within the public view, as such, no case under SC/ST Act is made out against these appellants. Appellant No. 1 has got one antecedent and appellant Nos. 2 to 9 claim clean antecedent.
6. Learned counsel for the state opposed the prayer for bail.
7. Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 21.02.2022 is set aside.
8. Accordingly, in the event of arrest or surrender the appellant, above named, before the court below within eight Patna High Court CR. APP (SJ) No.957 of 2022(3) dt.26-07-2023 3/3 weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST) Act, Jehanabad, in connection with Jehanabad P.S. Case No. 01 of 2022 subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/-
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