This brief order grants bail to appellants as an appeal is allowed against the refusal of anticipatory bail in a case involving murder and atrocities.
Set aside impugned order refusing anticipatory bail. Appellants ordered to be released on bail within six weeks of receipt of order upon furnishing bail bond and sureties.
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.115 of 2019
Arising Out of PS. Case No.-2 Year-2015 Thana- CHAND District- Bhabhua (Kaimur)
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... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Rajeev Ranjan For the Respondent/s : Mr.Sri Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019
This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 11.09.2018 passed by the learned Addl. Sessions Judge-1st, Kaimur at Bhabua in ABP No. 1233 of 2018 arising out of Chand P.S.Case No. 02 of 2015 registered under Sections 302/34 of the Indian penal Code, 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellants is of provoking the accused persons for firing.
Submission of learned counsel for the appellants is that after investigation, the police has not found the case true against the appellants, however, after one year and nine months,
Patna High Court CR. APP (SJ) No.115 of 2019 dt.05-02-2019 2/2
cognizance has been taken.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-1st, Kaimur at Bhabua in ABP No. 1233 of 2018 arising out of Chand P.S.Case No. 02 of 2015; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.
(Vinod Kumar Sinha, J)
sujit/-
AFR/NAFR CAV DATE Uploading Date Transmission Date
2 issues framed by the court
Whether the appeal against refusal of anticipatory bail is maintainable under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Whether the appellants should be released on bail in view of the delay in taking cognizance.
2 provisions across 2 enactments
Niraj Singh @ Niraj Kumar Singh
Badan Ram
State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
