Appellant challenged rejection of regular bail in SC/ST case involving IPC offences and alleged civil dispute converted to criminal. Palindromic order. Court allowed bail by parsing petition.
Appellant released on bail on bond with sureties in Bhagalpur SC/ST case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.695 of 2016 Arising Out of PS.Case No. -9 Year- 2014 Thana -SC/ST District- BHAGALPUR =========================================================== Mantu Kumar Sah, son of Sri Ganesh Ram Sah, resident of Village- Bihpur, P.S.Bihpur, District- Bhagalpur .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Ranjan Kumar Jha, Advocate Mr. Indrajeet Jha, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.(SC/ST) Act =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 09-11-2016
This appeal has been preferred under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015 against the order, dated 26.04.2016, passed by learned 2nd Additional District and Sessions Judge-cum-Special Judge, Bhagalpur, whereby the appellant’s application for grant of regular bail has been rejected.
Patna High Court CR. APP (SJ) No.695 of 2016 dt.09-11-2016
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Report discloses commission of offences punishable under Sections 341, 323, 504, 506, 420, 406/34 of Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. A written report of the informant is basis for registration of the First Information Report. Allegedly, the appellant and other co-accused persons had taken total amount of Rs. 2,10,000/from the informant in the name of the informant’s employment in the Railways. The accused persons did not keep the promise and when the informant asked for returning the amount, they are said to have abused him, taking his caste name.
3. Learned counsel appearing on behalf of the appellant has submitted that only for the purpose of present appeal and without any prejudice to his rights and contentions in any proceeding, the appellant shall pay to the informant an amount of Rs. 70,000/- within a period of four weeks from today.
Patna High Court CR. APP (SJ) No.695 of 2016 dt.09-11-2016
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(Chakradhari Sharan Singh, J)
Vats/-c
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 10.11.2016 |
| Transmission Date |
10.11.2016 |
2 issues framed by the court
Whether the First Information Report discloses civil dispute warranting grant of bail.
Whether lack of criminal antecedents and no likelihood of fleeing justify bail.
3 provisions across 3 enactments
Mantu Kumar Sah
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
