This appeal challenged the refusal of anticipatory bail under Section 14(A)(2) of the SC/ST Act. The court granted bail, set aside the impugned order, and allowed the appeal.
The appellant is released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) Cr.P.C. The impugned order is set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1111 of 2019
Arising Out of PS. Case No.-106 Year-2018 Thana- HASPURA District- Aurangabad
======================================================
MRITUNJAY KUMAR Son of Yamuna Singh Resident of Village - Mahamadpur, P.S.- Haspura, Distt.- Aurangabad (Bihar)
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Lal Bahadur Singh For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
4 10-07-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 08.02.2019 passed by learned 1st Addl. District and Sessions Judge cum Special Judge, SC/ST Act, Aurangabad in Haspura P.S. Case No. 106 of 2018 registered under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code and Section 3(i)(r)/3(1)(s)/3(2)(y) of the SC/ST Act.
Eight accused persons are said to have slated the informant in the name of his caste at Mahumar chowk. Sons of Jamuna Yadav assaulted him by means of rod inflicting head injury to him. When his mother rushed in his rescue, both sons
Patna High Court CR. APP (SJ) No.1111 of 2019(4) dt.10-07-2019 2/3
of Baban Singh assaulted her fracturing her leg.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. Appellant does not happen to be assailant. Moreover injuries sustained by the victims are simple in nature. The allegation of slating the informant in the name of his caste is not specific rather general and omnibus in nature. He has no criminal antecedent. Several accused persons have been enlarged on anticipatory bail by a co-ordinate Bench of this Court.
Learned Spl. PP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge cum Special Judge, SC/ST Act, Aurangabad in connection with Haspura P.S. Case No. 106 of 2018, subject to the condition as laid down under Section 438 (2) of the
Patna High Court CR. APP (SJ) No.1111 of 2019(4) dt.10-07-2019 3/3
Cr.P.C.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
U T
3 issues framed by the court
Whether to grant bail to the appellant falsely implicated in caste-based assault charges following the refusal of anticipatory bail.
Whether the omnibus and general nature of the slating allegation affects the fairness of the bail refusal.
Whether the order refusing anticipatory bail under Section 14(A)(2) of the SC/ST Act should be set aside.
2 provisions across 2 enactments
Mritunjay Kumar
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
