Allowed

Ghanshyam Kunwar @ Ghanshyam Prasad Kunwar and Ors. v. The State Of Bihar

Patna HC19 Apr 2018CR. APP (SJ)/915/2018

Case brief

AI extract

What is this about?

The Patna High Court, in an appeal filed under Section 14(A)(2) of the SC/ST Act against the refusal of anticipatory bail, allowed the appeal. The court granted bail on terms of cooperating with the investigation and trial, subject to conditions under Section 438(2) CrPC, rather than merely reversing the lower court's refusal.

What did the court decide?

Appellants released on bail by furnishing bond of Rs. 20,000/- each with two sureties, subject to cooperation conditions.

Ghanshyam Kunwar @ Ghanshyam Prasad Kunwar and Ors. Vs The… — 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.915 of 2018

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Arising Out of PS.Case No. -21 Year- 2017 Thana -SC/ST District- SHEOHAR

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=========================================================== 1. Ghanshyam Kunwar @ Ghanshyam Prasad Kunwar, S/o Satya Narayan Kunwar, 2. Chandrashekhar Prasad Kunwar @ Chandrashekhar Kunwar S/o Satya Narayan Kunwar,

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Dinbandhu Rai @ Dinbandhu Kunwar S/o Raj Mangal Rai, All R/o VillageRajadih, P.S.- Tariyani, District- Sheohar.

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.... .... Appellant/s

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Versus

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The State of Bihar

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.... .... Respondent/s

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=========================================================== Appearance : For the Appellant/s : Mr. Ashok Kumar Jha For the Respondent/s : Mr. Binay Krishna (SPP245)

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-04-2018

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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, against refusal of the prayer for anticipatory bail by the learned 1^st Additional District & Sessions Judge- cum- Special Judge, Sheohar in connection with SC/ST P.S. Case No. 21/2017 registered under Sections 341, 323 and 504 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act.

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There is land dispute between the parties which would be evident from Annexure-3, i.e. a proceeding under Section 144 of the Cr.P.C. was initiated for land dispute. In the aforesaid background,

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Patna High Court CR. APP (SJ) No.915 of 2018 dt.19-04-2018

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2/2

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allegation is that the appellants abused the informant by taking caste name and committed assault as they were pressurizing for compromise the case.

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Considering the background of allegation and general and omnibus nature of allegation, 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 bond of Rs. 20,000/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

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

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(Birendra Kumar, J.)

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Rakhi
AFR/NAFR
CAV DATE	N.A.
UploadingDate	21.04.2018
Transmission Date	21.04.2018

Ghanshyam Kunwar @ Ghanshyam Prasad Kunwar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ghanshyam Kunwar @ Ghanshyam Prasad Kunwar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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