Allowed

Md. Shamim @ Shamim v. The State Of Bihar

Patna HC6 Sept 2018CR. APP (SJ)/3050/2018

Case brief

AI extract

What is this about?

This judgment allowed an appeal under Section 14(A)(2) of the SC/ST Act set aside an order refusing anticipatory bail. The High Court granted bail pending investigation, citing lack of substantiation of allegations and village politics being a false implication factor.

What did the court decide?

Impugned order refusing anticipatory bail set aside. Appellant granted bail subject to conditions within 30 days of receipt of order.

Md. Shamim @ Shamim Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.3050 of 2018

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Arising Out of PS.Case No. -219 Year- 2017 Thana -BAUSI District- PURNIA

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=========================================================== 1. Md. Shamim @ Shamim, Son of Md. Salim @ Salma, Resident of VillageGandwas, P.S.- Dagarua, District- Purnea.

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.... .... Appellant/s

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Versus 1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Bipin Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari No.I, SPP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 19.07.2018 passed by the learned 1^st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Purnea, in A.B.P. No.45/2018/CIS45/2018, arising out of Baisi Police Station Case No.219 of 2017, registered under Sections 147/149/452/148/ 341/325/307/ 302/ 380 / 427/504 of the Indian Penal Code and Sections 3(i) (v)(x)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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According to FIR, the appellant and others assaulted causing injury to the father and uncle of the informant. During course of treatment, father of the informant died.

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Submission is that the case diary would reveal that the witnesses have stated before the police that the appellant or others had

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Patna High Court CR. APP (SJ) No.3050 of 2018 dt.06-09-2018

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P2/

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nothing to do with the occurrence alleged, rather due to village politics, he has been falsely implicated.

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Learned Special Public Prosecutor has opposed the prayer

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for bail.

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Considering the fact that allegation in the FIR has not been substantiated during investigation, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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Accordingly, the impugned order is set aside and appeal

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stands allowed.

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(Birendra Kumar, J)

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Mkr./-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	10.09.2018
Transmission Date	10.09.2018

Md. Shamim @ Shamim v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Shamim @ Shamim v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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