IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3118 of 2022

Arising Out of PS. Case No.-247 Year-2022 Thana- PATRAKARNAGAR District- Patna

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VIKASH KUMAR @ VIKASH BOXER S/o Sri Suraj Yadav Resident of

Purani Kankarbagh, P.S.- Patrakar Nagar, District- Patna

... ... Appellant/s

Versus

1.

The State of Bihar

2.

Chandan Kumar, Computer Operator, Examination Department, Patliputra

University, Patna Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Udbhav, Advocate

For the Respondent/s

:

Mr. Usha Kumari 1, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2

19-12-2022

Heard learned counsel for the appellant and learned

Spl.P.P. for the State.

This is an appeal under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

Act”) against the refusal of prayer for anticipatory bail vide

order dated 04.07.2022 in ABP No. 4313 of 2022 passed by the

learned Exclusive Special Court, SC/ST (POA) Act, Patna in

connection with Patrakar Nagar P.S. Case No. 247 of 2022

registered under Sections 452, 341, 323, 504, 506, 379 and 34 of

the Indian Penal Code and Section 3(1))(r)(s) of the Schedule

Caste and Schedule Tribes (Prevention of Atrocities Act).

Patna High Court CR. APP (SJ) No.3118 of 2022(2) dt.19-12-2022

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Learned counsel for the appellant submits that the

appellant has antecedent of four cases and the informant alleges

that on 12.05.2022 at 7:00 PM, the informant and his associates

were working in the Examination Control Room (Confidential

Section) when the appellant along with accused persons came

and assaulted Dr. Rishikesh Ranjan (Deputy Examination

Controller) and he fell unconscious thereafter the accused also

assaulted him and hurled abuses.

Learned counsel for the appellant submits that

appellant has been falsely implicated in the present case, it is

next submitted that appellant is the President of Commerce

College Student Union from 2017 till date, it is next submitted

that one student Sweta had filed a Complaint Case No. 1107 of

2015 against Principal of the College for outraging her modesty

which led to a protest under the leadership of the appellant, on

account of which two cases were instituted against him, it is also

submitted that P.G. examination was to commence from

18.05.2022 and the appellant protested along with other students

on the issue of question paper leak, which irked the University

Administration leading to institution of the present false case, it

is next submitted that there is no injury report on record with

respect to Dr. Rishikesh Ranjan, it is further submitted that

Patna High Court CR. APP (SJ) No.3118 of 2022(2) dt.19-12-2022

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university campus is full of CCTV cameras but then no CCTV

footage has been retrieved with respect to the occurrence when

CCTV cameras are installed near the examination control room.

The learned counsel for the appellant thus submits that appellant

being a student union leader was protesting against the

authorities of the university which led to institution of the

present case, it is also submitted that the FIR does not disclose

that as to what abuse was hurled on the informant and who

abused him, it is next submitted that appellant is a student and if

he is sent to custody in the nature of allegation and the defence

taken his entire career would be jeopardized and chances are

bright that he may come in contact with hardened criminals.

Learned Spl.P.P. for the State opposes the prayer for

anticipatory bail of the appellant.

Considering the submissions made by the learned

counsel for the appellant, the order dated 04.07.2022 in ABP

No. 4313 of 2022 passed by the learned Exclusive Special

Court, SC/ST (POA) Act, Pat