The court granted anticipatory bail to the petitioner, stating that injuries were trivial, the SC/ST Act allegation lacked basis, and bail was already granted to other accused. Bail bonds of Rs. 10,000 with sureties were specified.
Anticipatory bail granted upon surrender within four weeks on bond of Rs. 10,000 with two sureties.
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 Miscellaneous No.13026 of 2016
Arising Out of PS.Case No. -29 Year- 2016 Thana -CHAKIA District-
EASTCHAMPARAN(MOTIHARI)
====================================================== Aditya Kumar @ Bhanu Thakur, S/o Late Murli Thakur, Village- Kuanwa, P.S.- Chakia, District- East Champaran.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar Anshul For the Informant : Dr. Amarendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 20-04-2016 Heard Mr. Anuj Kumar Anshul, the counsel for the petitioner and Mr. Amarendra Kumar for the informant.
The petitioner herein seeks anticipatory bail in Chakia P.S. Case No. 29 of 2016, registered under Sections 341, 323, 504, 506, 307, 379/34 of the Indian Penal Code and under Section 3(i)(x) of the SC/ST (Prevention of Atrocities Act) (for short the ‘Act’).
It is alleged that while the informant was returning home, the accused(s) person intercepted and started abusing him by caste specific. He was also assaulted. He was also robbed of his cash.
It is submitted that injuries received are trivial in nature as the doctor found only complaint of pain. It is not alleged in the First Information Report that the accused(s) person did not belong to the SC/ST Act. The other allegations are also trivial or
Patna High Court Cr.Misc. No.13026 of 2016 (2) dt.20-04-2016
2/2
ornamental in nature.
Considering the above, the other four accused(s) person of this case have been granted the privilege of anticipatory bail vide order dated 31.03.2016, passed in Cr. Misc. No. 13093 of 2016.
Dr. Kumar, on the other hand, submitted that indisputably the informant was abused on a public place and also humiliated him calling caste name.
Be that as it may, considering the fact that some accused(s) of this case have been granted the privilege of anticipatory bail, I am extended to grant the privilege of anticipatory bail, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Chakia P.S. Case No. 29/16 on condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
rohit/-
(Kishore Kumar Mandal, J)
U T
2 issues framed by the court
Whether the petitioner is entitled to be granted anticipatory bail in proceedings under various sections of the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act.
Whether the conditions of grant of anticipatory bail should be consistent with the bail granted to other accused in the same case.
2 provisions across 2 enactments
Aditya Kumar @ Bhanu Thakur
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
