Criminal Appeal against refusal of bail under SC/ST Prevention of Atrocities Act. Single bench allowed the appeal and enlarged the appellant on bail after considering allegations of false implication.
Impugned order setting aside and appellant enlarged on bail Rs. 10,000 with two sureties of like amount.
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.1089 of 2019
Arising Out of PS. Case No.-212 Year-2015 Thana- CHANDAUTI District- Gaya
======================================================
Munna Pandit @ Subodh Dubey Son of Shatrughan Dubey @ Nanhak Pandey R/o Village- Bhikhanpur, P.S.- Chandauti (Chakand), District- Gaya.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Ashok Kumar Jha For the Respondent/s : Mr. Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 26-04-2019
Heard learned counsel for the appellant 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 for bail vide order dated 01.03.2019 passed by learned Special Judge (SC/ST Court), Gaya in Chandauti (Chakand) P.S. Case No. 212 of 2015 registered under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellant and son of Sakaldeo Tiwari are said to have slated the informant in the name of his caste and slapped him. When Pachu Paswan rushed in his rescue, Rabindra Singh
Patna High Court CR. APP (SJ) No.1089 of 2019 dt.26-04-2019 2/3
and Nanhak Pandey assaulted him by means of rod which proved fatal.
It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in the case. He has no concern with the aforesaid occurrence. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Moreover, he does not happen to be assailant of the deceased Pachu Paswan rather the assailants are Rabindra Singh and Nanhak Pandey. Appellant has no criminal antecedent and has been languishing in custody since 11.02.2019. Coaccused Manish Kumar Dubey @ Minku Dubey @ Minku Tiwary, S/o Sakaldeo Tiwari has been enlarged on bail by a coordinate bench of this court vide order dated 16.04.2019 passed in Cr. Appeal (SJ) No. 1022 of 2019.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST Court), Gaya in connection with Chandauti (Chakand) P.S. Case No. 212 of 2015.
Patna High Court CR. APP (SJ) No.1089 of 2019 dt.26-04-2019 3/3
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 27.04.2019 |
| Transmission Date | 27.04.2019 |
2 issues framed by the court
Whether the prayer for bail against refusal by Special Judge (SC/ST) should be allowed.
Whether the appellant is falsely implicated and has no criminal antecedents justifying bail.
3 provisions across 2 enactments
Munna Pandit @ Subodh Dubey
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
