Allowed

Ful Deo Pandit @ Ful Deo Padit and Ors. v. The State Of Bihar

Patna HC6 Sept 2018CR. APP (SJ)/3091/2018

Case brief

AI extract

What is this about?

This court allowed an appeal against the refusal of anticipatory bail under the SC/ST Act. The court noted a dispute between neighbours regarding drain water involving an alleged assault and compromise. Bail was granted on furnishing bonds, allowing the appellants to submit to arrest within 30 days, subject to cooperation conditions.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellants released on bail on furnishing bonds of Rs. 20,000/- each with two sureties of similar amount subject to conditions under Section 438(2)

Ful Deo Pandit @ Ful Deo Padit and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Appeal (SJ) No.3091 of 2018

¶3

Arising Out of PS.Case No. -4 Year- 2018 Thana -SUGAULI District- EASTCHAMPARAN

¶4

(MOTIHARI)

¶5

===========================================================

¶6

Fuldeo Pandit @ Fuldeo Padit, S/o Bharat Pandit @ Bharat Padit,

¶7

Sikandar Pandit @ Satendar Padit, S/o Jadolal Pandit @ Jadolal Padit,

¶8

Harendra Padit @ Harindra Pandit, S/o Gajadhar Pandit @ Gajadhar Padit,

¶9

Ramashish Pandit @ Ramashish Padit, S/o Late Liladhar Pandit @ Liladhar Padit,

¶10

Brij Mohan Kumar, S/o Suresh Pandit @ Suresh Padit,

¶11

Dinesh Pandit @ Dinesh Padit, S/o Chhathu Pandit @ Chhathu Padit,

¶12

Ramayan Pandit @ Ramayan Padit, S/o Late Liladhar Pandit @ Liladhar Padit,

¶13

Nagendra Pandit @ Narendra Padit, S/o Late Liladhar Padit, All R/o VillBelwatia, P.S.- Sugauli, Distt- East Champaran.

¶14

.... .... Appellant/s

¶15

Versus

¶16

The State of Bihar.

¶17

.... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP

¶18

===========================================================

¶19

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

¶20

Date: 06-09-2018

¶21

Heard learned counsel for the parties.

¶22

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 31.05.2018 by the learned 1^st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in A.B.P. No.810 of 2018, arising out of Sugauli Police Station Case No.4 of 2018, registered under Sections 147/148/323/379/307/504/506/509 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

¶23

Both sides are neighbours. For dispute relating to flowing

¶24

Patna High Court CR. APP (SJ) No.3091 of 2018 dt.06-09-2018

¶25

P2/

¶26

drain water, the occurrence of abuse and assault is alleged. There is case and counter case. Appellants have got no criminal antecedent.

¶27

Submission is that the parties have entered into a compromise.

¶28

Considering the aforesaid facts, let the appellants, above named, in the event of their 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) each 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 appellants 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 appellants.

¶29

Accordingly, the impugned order is set aside and the appeal is allowed.

¶30

(Birendra Kumar, J)

¶31

Mkr./-

¶32

AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	07.09.2018
Transmission Date	07.09.2018

Ful Deo Pandit @ Ful Deo Padit and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ful Deo Pandit @ Ful Deo Padit and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Habib Miyan @Habib Miyan @ Habiya Vs The State Of Bihar

Parmila Devi @ Pramila Devi and Ors. Vs The State Of Bihar

Gurudeo Thakur and Ors. Vs The State Of Bihar

Md. Shamim @ Shamim Vs The State Of Bihar

Sintu Yadav and Anr. Vs The State Of Bihar

Pappu Sah and Ors. Vs The State Of Bihar