Allowed

Rajesh Shukla v. the State of Bihar

Patna HC4 Jul 2019CR. APP (SJ)/1574/2019

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail under the SC/ST Act, where the High Court set aside the lower court's order and enlarged the appellants on bail subject to furnishing a bond of Rs. 10,000 and two sureties within four weeks.

What did the court decide?

Appellants enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount within four weeks; impugned order set aside.

Rajesh Shukla Vs the State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1574 of 2019

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Arising Out of PS. Case No.-64 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran

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======================================================

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RAJESH SHUKLA Son of Shyam Sundar Shukla, Resident of VillageBaswariya, P.S.- Muffasil, District- East Champaran.

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Shambhunath Tiwari, son of Late Sajawal Tiwari Resident of villageBaswariya, P.S.- Muffasil, District- East Champaran.

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Ashok Shukla, Son of Late Jaimangal Shukla, Resident of villageBaswariya, P.S.- Muffasil, District- East Champaran.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance :

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For the Appellant/s : Mr.Anshu Dhar Sharma, Advocate. For the Respondent/s : Mrs.Usha Kumari No. 1 (APP)

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 04-07-2019 Heard learned counsel for the appellants and learned

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Special Public Prosecutor for the State.

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This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act’) against the refusal of prayer for anticipatory bail vide order dated 15.03.2019 passed by learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, East Champaran, Motihari in connection with Muffasil P.S. Case No. 64 of 2019, registered under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code and also under Section 3 (i) (x)

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Patna High Court CR. APP (SJ) No.1574 of 2019(4) dt.04-07-2019 2/3

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of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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When the informant along with police party arrived at the place of occurrence in the investigation of the case lodged against Rajesh Shukla. The said Rajesh Shukla and the other named accused persons including the appellants slated them and co-accused Ranjit Kumar Shukla indulged into scuffling with them. Informant and co-accused Ranjit Kumar Shukla had sustained injury in the said scuffling.

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It is submitted by the learned counsel for the appellants that no such occurrence as alleged ever took place. They have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. There is no allegation of slating the informant and police personnel in the name of their caste and entering into scuffling with them against the appellants. Hence no offence under SC/ST Act, is made out against the appellants. They have no criminal antecedent.

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Learned Spl. P.P. for the State opposed the prayer for bail.

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In the facts and circumstances of the case, the above named appellants are directed to be enlarged on bail in the event

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Patna High Court CR. APP (SJ) No.1574 of 2019(4) dt.04-07-2019 3/3

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of their arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Motihari, East Champaran in connection with Muffasil P.S. Case No. 64 of 2019, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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T.Kr./-

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U T

Rajesh Shukla v. the State of Bihar

Case brief

What is this about?

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Rajesh Shukla v. the State of Bihar

Case brief

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