The High Court of Patna rejected the appellant's petition for pre-arrest bail in an SC/ST case allegedly involving shop dispute, dispossession, and caste-based slating, citing criminal antecedents as a ground for rejection.
Bail petition rejected; appellant directed to surrender within six weeks to seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1474 of 2019
Arising Out of PS. Case No.-48 Year-2018 Thana- SC/ST District- Patna
======================================================
PRABHAKAR KUAR @ PRABHAKAR KUMAR Son of Sri Jai Prakash Kuar Resident of Flat No. 250B Sangita Palace, Kailash Enclave, Shivpuri, P.S.- Shastri Nagar, District- Patna.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ravi Shankar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
4 03-07-2019
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
The appellant seeks pre-arrest bail in connection with SC/ST P.S. Case No. 48 of 2018 registered under Sections 1448, 452, 379, 420 and 120-B/34 of the Indian Penal Code and Section 3 (1)(y) (f) (G) (W)/3 (2) (va) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989.
Informant is said to be lessee of shop no.8 located in Maurya Tower and is paying the holding tax to the Patna Municipal Corporation. On the date of occurrence, when the informant and his wife arrived at his shop he found the lock of his shop broken and one Monu Singh @ Abhimanyu sitting on the shop. On quizzing, he divulged that appellant had asked
Patna High Court CR. APP (SJ) No.1474 of 2019(4) dt.03-07-2019 2/3
him to run the said shop breaking open the lock of it. After short while two other persons sent by the appellant descended there and on quizzing them about breaking open the lock of the shop and removing his cash and belongings, they assaulted him and his wife by means of lathi and also slated them in the name of their caste.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to shop dispute. As a matter of fact, the shop in question was hailing to Mahendra Prasad who leased it out to the appellant and the appellant is in possession of the said shop. Earlier the informant had made trespass in the said shop for which the appellant has filed a Complaint Case No.4743 (C) of 2017 and the learned Magistrate has taken cognizance against the informant and in the said case NBW has been issued against the informant and others. Appellant was not present at the place of occurrence. Hence, no question of slating the informant and his wife at the hands of the appellant arises and no offence under SC/ST Act is made out against him.
Per contra, learned counsel for the informant opposing the bail petition submitted that the informant happens to be
Patna High Court CR. APP (SJ) No.1474 of 2019(4) dt.03-07-2019 3/3
lessee of the shop in question after getting the lease of the said shop from the Patna Municipal Corporation. The appellant has got the informant dispossessed by breaking open the lock of the shop by his own men who also slated him and his wife in the name of their caste in public view. Hence, anticipatory bail is barred under SC/ST Act. Learned counsel for the informant further submitted that two criminal cases are pending against the appellant and on this count also the appellant does not deserve bail.
Considering the facts and circumstances of case and the criminal antecedent of the appellant, I am not inclined to enlarge him on bail. The prayer for bail of the appellant is hereby rejected. However, the appellant is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order on the same day.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
2 issues framed by the court
Whether the appellant is entitled to pre-arrest bail in a case involving offences under the SC/ST Act and IPC.
Whether anticipatory bail is barred under the SC/ST Act given the allegation of caste-based slating and dispossession.
2 provisions across 2 enactments
Prabhakar Kuar @ Prabhakar 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
