In this oral order, the Patna High Court dismissed a criminal appeal challenging the rejection of pre-arrest bail. Directed the appellants to surrender and seek regular bail from the Special Court.
Directing appellants to surrender and seek regular bail from the Special Court instead of continuing the appeal for pre-arrest bail.
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.1459 of 2017
Arising Out of PS.Case No. -320 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR
======================================================
The State of Bihar.
.... .... Appellants Versus .... .... Respondent
====================================================== Appearance : For the Appellant/s : Mr. Aaruni Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 03-07-2017 Heard learned counsel for the appellants and learned Special P.P.
This appeal has been filed for setting aside the order the order dated 11.4.2017 passed in A.B.P. No. 537 of 2016 by Additional Sessions Judge-I, Samastipur, arising out of Dalsinghsarai P.S.Case No. 320 of 2016 registered for the offences under Sections 341, 323, 504/34 of the Indian Penal Code and 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for grant of pre-arrest bail to the appellants.
Allegation against the appellants as per FIR is that they have abused the informant by taking his caste name and also threatened him to vacate the land.
It has been submitted on behalf of the appellants that
Patna High Court CR. APP (SJ) No.1459 of 2017 (2) dt.03-07-2017
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FIR itself shows that there is land dispute between the parties and further the allegation is general and omnibus and no specific allegation has been attributed to the appellants, as such, no case is made out against the appellants.
Learned Special P.P. has opposed the prayer stating that mere perusal of FIR it appears that prima facie case under Section 3(i)(x) of the Act is made out against the appellants, as such, this appeal for pre-arrest bail is not maintainable.
Having heard both sides and considering the facts and circumstances, this appeal is not maintainable. Let appellants surrender and make prayer for regular bail, which will be considered by the Special court below on the basis of the submission made above as well as on the basis of allegation and pass appropriate order, if possible, on the same day.
This appeal is, accordingly, disposed of.
(Vinod Kumar Sinha, J)
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3 issues framed by the court
Whether an appeal against rejection of pre-arrest bail is maintainable when the Special Public Prosecutor opposes it based on a prima facie case of caste crimes.
Whether the allegations in the FIR are sufficient to maintain an appeal for pre-arrest bail in a case involving caste-related offences.
Whether appellants should be directed to approach the Special Court for regular bail instead.
2 provisions across 2 enactments
Sito Chaudhary
Vijay Chaudhary
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
