This appeal challenged the refusal of anticipatory bail in a case involving caste slapping and assault. The High Court allowed the appeal, setting aside the impugned order and releasing appellants on bail.
Impugned order set aside; appellants released on bail of Rs. 10,000/- each with two sureties for six weeks.
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.1203 of 2019
Arising Out of PS. Case No.-41 Year-2018 Thana- SC/ST District- Sheikhpura
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Pawan Kumar Singh For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
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 26.02.2019 passed by learned 1st Addl. District & Sessions Judge, Sheikhpura in Sheikhpura SC/ST P.S. Case No. 41 of 2018 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.1203 of 2019(4) dt.29-07-2019 2/3
Atrocities) Act.
Over land dispute and on laying of the pipe for watering his field by the informant, appellants slated him in the name of his caste and slapped him. They also assaulted him during the course of Panchayati organized on the following day.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact, the property dispute is pending between the parties and appellant Baldeo Mahto has lodged Title Suit No. 71/18 against the informant and others and the son of the appellant Umesh Mahto has lodged Karandey P.S. Case No. 37 of 2018 against the informant and others preceding to the case under hand and due to aforesaid property dispute and in order to save his skin from the said case, the informant has lodged this false and frivolous case against the appellants. Allegation levelled against the appellants is not specific rather general and omnibus in nature. Informant has not sustained any injury in the occurrence.
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
Patna High Court CR. APP (SJ) No.1203 of 2019(4) dt.29-07-2019 3/3
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. District & Sessions Judge, Sheikhpura in Sheikhpura SC/ST P.S. Case No. 41 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
2 issues framed by the court
Whether the appellants are entitled to anticipatory bail against refusal by the learned District & Sessions Judge.
Whether the appeal under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act should be allowed.
3 provisions across 2 enactments
Baldeo Mahto
Umesh Mahto
Ramdeo Mahto
Subash Mahto
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
