Allowed

Arun Pandey and Ors. v. The State Of Bihar

Patna HC20 Apr 2018CR. APP (SJ)/917/2018

Case brief

AI extract

What is this about?

In an appeal against the refusal of anticipatory bail, the High Court held that general allegations were not supported by material showing a preconception to humiliate a scheduled caste member. Consequently, bail was granted on the conditions of cooperation and furnishing bond.

What did the court decide?

Release of appellants on bail of Rs.20,000 each with two sureties, conditioned to cooperate with investigation.

Arun Pandey and Ors. 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.917 of 2018

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Arising Out of PS.Case No. -129 Year- 2017 Thana -ROUH District- NAWADA

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=========================================================== 1. Arun Pandey, S/o Shiv Nandan Pandey, 2. Janardan Singh S/o Late Govind Singh, 3. Bipin Das S/o Ramchandra Das, 4. Krishna Singh S/o Jago Singh, 5. Sri Mahton S/o Late Radhe Mahton. 6. Kapil Sharma Son of Suraj Sharma. 7. Fulchand Kumar, Son of Kaushal Singh. All R/o Village- Samharigarh, P.S.- Roh, Distt.- Nawada.

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.... .... Appellant/s Versus 1. The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Gauri Shankar Prasad, Adv For the Respondent/s : Smt. Usha Kumari No-1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-04-2018

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Heard learned counsel for the parties. 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 by the learned 1st Additional Sessions Judgecum-Special Judge, Nawada in Roh Police Station Case No.129 of 2017, Special Case No.702 of 2017 registered under Sections 147/148/149/341/323/307/353/427/436/504/506 of the Indian Penal Code and Sections 3(i) (r)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Patna High Court CR. APP (SJ) No.917 of 2018 dt.20-04-2018

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Considering the general and omnibus allegation against the appellants and others as well as considering the fact that there is no material to substantiate that the appellants were intending to humiliate a member of the scheduled caste by prior meeting of mind, let the appellants, above named, be released on bail on furnishing bail bond 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, with 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.

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Accordingly, the appeal stands allowed.

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(Birendra Kumar, J)

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Nitesh/-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	23.04.2018
Transmission Date	23.04.2018

Arun Pandey and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Arun Pandey 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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