Allowed

Rameshwar Rai v. The State of Bihar

Patna HC15 Jul 2019CR. APP (SJ)/1794/2019

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail under the SC/ST Act. High Court allowed appeal with directions for bail subject to conditions including arrest/surrender within six weeks and furnishing a bail bond with sureties.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellant released on bail with Rs. 10,000 bond and two sureties, subject to appearance within six weeks and conditions under Section 438(2) Cr.P.C

Rameshwar Rai 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.1794 of 2019

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Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Patna

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

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Rameshwar Rai Son of Late Mathura Prasad Rai, Resident of Navneet Housing Construction Society Ltd Patna P.S.- Patrakarnagar, District- Patna.

... ... Appellant.

Versus

The State of Bihar.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mrs. Usha Kumari Singh For the Respondent/s : Mr. Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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4 15-07-2019

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Heard learned counsel for the appellant and learned 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 in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 05.03.2019 passed by learned Special Judge SC/ST Act, Patna in connection with Special Case No.245 of 2018, arising out of SC/ST P.S. (Patna) Case No. 23 of 2018 registered under Sections 147, 341, 323, 504, 506 & 171-C of the Indian Penal Code and Section 3(1) (r)/3 (1) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Patna High Court CR. APP (SJ) No.1794 of 2019(4) dt.15-07-2019 2/3

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On filing of nomination paper for election of Directors of Bihar State Housing Co-operative Federation Limited Ram Bishun Singh along with other intercepted the informant on the way and tied his neck by means of Gamcha and slated him in the name of his caste. Appellant who was present with them also slated the informant.

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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 dirty village politics. He has no concern with the aforesaid occurrence. There is no allegation of assault attributed to him. The only allegation against the appellant is that he along with other slated the informant but the appellant has not slated the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellant. Appellant has no criminal antecedent. Similarly situated co-accused persons, namely, Ram Bishun Singh @ Ram Bishun Yadav and Chandra Kumar Singh have been enlarged on bail by a co-ordinate Bench of this Court in Cr. Appeal (SJ) Nos.4813 of 2018 and 4509 of 2018 vide order dated 05.02.2019 and 24.01.2019 respectively.

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

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Patna High Court CR. APP (SJ) No.1794 of 2019(4) dt.15-07-2019 3/3

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In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST-cum-Additional Sessions Judge-IV, Patna in connection with SC/ST P.S. (Patna) Case No. 23 of 2018, subject to the 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 this appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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Trivedi/-

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U T

Rameshwar Rai v. The State of Bihar

Case brief

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Rameshwar Rai v. The State of Bihar

Case brief

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