In an appeal against refusal of anticipatory bail under the SC/ST Act for alleged caste-based violence, the Patna High Court allowed the appeal, setting aside the lower court order and granting release on bail pending investigation.
Release of appellants on bail of Rs. 10,000 each with two sureties, subject to conditions of Section 438(2) Cr.P.C.
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.1054 of 2019
Arising Out of PS. Case No.-19 Year-2018 Thana- JANTA BAZAR District- Saran
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vipin Kumar Singh For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
Heard learned counsel for the appellants and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 10.09.2018 passed by learned 1st Addl. Sessions Judge, Saran at Chapra in Janta Bazar P.S. Case No. 19 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 504 of the Indian Penal Code and Section 3(i)(x)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.1054 of 2019(6) dt.23-07-2019 2/3
While the informant was sitting on the tea stall, he spotted seven accused persons including the appellants rapping expletives among themselves. On making protest by the informant, they slated him in the name of his caste and appellant Saakir Sai assaulted on his chin by means of sword while other accused persons assaulted him by means of lathi and rod.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. They have been falsely implicated in this case. As a matter of fact, the programme of orchestra was going on in the marriage ceremony of Shatrughan Choudhary and some differences among the audience over playing the choice song took place which aggravated and took the shape of riot between two communities. On receiving the information, the police arrived there and arrested one Raj Kishore Choudhary and sent him jail and on the basis of self statement of police personnel of Janta Bazar, Janta Bazar P.S. Case No. 18 of 2018 was instituted against son of the informant and other accused persons. In order to save his skin from the said case, the informant has lodged this false and frivolous case against the appellants. Informant might have sustained injury in the aforesaid skirmishes and moreover the injury sustained by the informant is simple in nature caused
Patna High Court CR. APP (SJ) No.1054 of 2019(6) dt.23-07-2019 3/3
by hard blunt substance. Allegation of assaulting the informant by means of lathi and sword is not specific rather general and omnibus in nature.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Saran at Chapra in connection with Janta Bazar P.S. Case No. 19 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
3 issues framed by the court
Whether an order refusing anticipatory bail against allegations of caste-based violence is sustainable.
Whether the appellants suffer irreparable injury if compelled to remain in custody.
Whether the allegations are fabricated by the informant due to differences over a marriage ceremony.
4 provisions across 3 enactments
Saakir Sai Son of Mumtaz Sai @ Mutaz Ali
Parvej Aali @ Bagha @ Parwej Sai
Nesar Sai Son of Shahjahan Sai
Manu Sai Son of Shamim Sai
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
