The Patna High Court allowed criminal appeals against the refusal of bail filed by Mittu Mistri and Ranjan Devi. The Bench set aside the impugned order and directed their release on bail upon furnishing a bond and sureties.
Impugned order refusing bail set aside; appellants enlarged on bail bond of Rs. 10,000 with two 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.587 of 2019
Arising Out of PS. Case No.-52 Year-2018 Thana- BELDOUR District- Khagaria
======================================================
MITTU MISTRI S/o Kailash Mistri Village-Gendharsan, P.S-Beldaur,Distt.Khagaria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1442 of 2019
Arising Out of PS. Case No.-52 Year-2018 Thana- BELDOUR District- Khagaria
======================================================
RANJAN DEVI W/o Late Deosharan Rajak, Resident of Village- Kurban, P.S.- Beldaur, District- Khagaria.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 587 of 2019) For the Appellant/s : Mr.Binod Kumar For the Respondent/s : Mr.Binay Krishna (In CRIMINAL APPEAL (SJ) No. 1442 of 2019) For the Appellant/s : Mr.Binod Kumar For the Respondent/s : Mr.Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT
Date : 28-05-2019
Heard learned counsel for the appellants and learned
Special P.P. for the State.
As both the criminal appeals have cropped up from the same P.S. case, hence, aforesaid two appeals are being heard together and disposed of by this common judgment.
Patna High Court CR. APP (SJ) No.587 of 2019 dt.28-05-2019 2/3
Both aforesaid appeals 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 19.12.2018 passed by learned Additional Sessions Judge 1st-cumSpecial Judge, SC/ST (Prevention of Atrocities) Act, Khagaria in Beldaur P.S. Case No. 52 of 2018 registered under Sections 302, 201/34 of the Indian Penal Code and also under Section 3 (i) (s), 3 (2) (v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
Allegation against appellant Ranjan Devi is that she has illicit relation with Mithu Mistri and it is suspected by the informant that she was instrumentality eliminating the deceased.
Learned counsel appearing on behalf of the appellants has drawn attention to this Court to the order passed in the case of Chano Mistri and Others vs. State of Bihar in Criminal Miscellaneous No.52034 of 2018 and the order passed in Criminal miscellaneous No. 40091 of 2018 and in the case of Kailash Mistri @ Kailash Sharma Vs. State of Bihar. In both cases the different co-ordinate Bench of this Court considered various aspects of the matter and considering the fact that they have no criminal antecedent granted bail to them.
Patna High Court CR. APP (SJ) No.587 of 2019 dt.28-05-2019 3/3
Learned Spl. P.P. for the State opposed the prayer for
bail.
In the aforesaid circumstances, this Court is inclined to release the appellants on bail, the above named appellants are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st-cum-Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities)Act, Khagaria in connection with Beldaur P.S. Case No. 52 of 2018.
Accordingly, the impugned order is set aside and both appeals are allowed.
(Anil Kumar Upadhyay, J)
T.Kr./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 29.5.2019 |
| Transmission Date | 29.5.2019 |
2 issues framed by the court
Whether bail can be granted to appellants charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Indian Penal Code.
Whether the impugned order refusing bail should be set aside in view of the bail history of co-accused.
Colour shows how this judgement treated each authority
Chano Mistri and Others vs. State of BiharReferred¶29
Chano Mistri and Others vs. State of Bihar in Criminal Miscellaneous No.52034 of 2018
Kailash Mistri @ Kailash Sharma Vs. State of BiharReferred¶29
Kailash Mistri @ Kailash Sharma Vs. State of Bihar
3 provisions across 3 enactments
Mittu Mistri
Ranjan Devi
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
