Allowed

Mannu Mian @ Mannu Ali @ Manu Mian and Anr. v. The State Of Bihar

Patna HC8 Jul 2014CR. MISC./8148/2014

Case brief

AI extract

What is this about?

Petitioners sought bail in an offence under various IPC sections involving alleged caste abuse. The Court granted bail subject to conditions, noting that similarly situated co-accused had already been granted bail, while doubting the established SC/ST status of the victim.

What did the court decide?

Petitioners released on bail on furnishing Rs. 10,000 bond with two sureties each within six weeks of the order, subject to conditions under Section 438(2) Cr.P.C.

Mannu Mian @ Mannu Ali @ Manu Mian and Anr. Vs The State Of… — Caste Atrocities | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8148 of 2014

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Arising Out of PS.Case No. -42 Year- 2013 Thana -SC/ST PS District- GOPALGANJ ====================================================== 1. Mannu Mian @ Mannu Ali @ Manu Mian Son of Samsul Mian 2. Shah Mohammed Mian Son of Md. Hassan Mian @ Md. Hassan, Both Resident of Village Parsauni Khas, Police Station- Uchka Gaon, DistrictGopalganj. .... .... Petitioner/s Versus 1. The State of Bihar 2. Nagendra Kumar Gour, S/o Balbir Sah, R/o Vill. Parsauni Khas, P/S. Uchka Gaon, District – Gopalganj. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Mr. Amir Alam For the Opposite Party/s : Mr. Indrajeet Bhushan. For the State : Mr. Ram Shankar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 4 08-07-2014 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners apprehend their arrest for the offence alleged under Section 341/323/354A/504/506/34 of the I.P.C. registered in connection with Gopalganj (SC/ST) P.S. Case No. 42 of 2013. Accusation is that petitioners assaulted the informant and abused him using his caste name. It is submitted that it is not established that the informant, in fact, belongs to the Scheduled Caste/Scheduled Tribe Category, notwithstanding the State’s notification in this

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Patna High Court Cr.Misc. No.8148 of 2014 (4) dt.08-07-2014

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regard (Annexure-C to the counter affidavit). Similarly situated co-accused persons have already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 15831 of 2014.

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Learned counsel for the Opposite Party appears and opposes the prayer for bail.

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Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 42 of 2013, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

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(Vikash Jain, J.)

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Shail/-

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Mannu Mian @ Mannu Ali @ Manu Mian and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Mannu Mian @ Mannu Ali @ Manu Mian and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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