Appeal against refusal of anticipatory bail in SC/ST Act case. High Court set aside lower court order and granted bail subject to conditions within six weeks.
Impugned bail rejection order set aside; appellants enlarged on bail upon surrender within six weeks, furnishing bond of Rs. 10,000 each 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.1890 of 2019
Arising Out of PS. Case No.-263 Year-2018 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
... ... Appellants.
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dharmendra Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
learned Special Public Prosecutor for the State.
This is an appeal under Section 14(A)(2) of the
Patna High Court CR. APP (SJ) No.1890 of 2019(6) dt.28-08-2019 2/4
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 04.01.2019 passed by learned 1st Additional Sessions Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 263 of 2018 registered under Sections 341, 323, 354, 379 & 504/34 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Appellants Bijendra Singh, Mahendra Singh, Surendra Singh and Satyendra Singh arriving at the Baithaka of the informant slated him in the name of caste over not working in the filed by him and assaulted him by means of lathi. In the meantime, other appellants also arrived there and they also assaulted the informant and his family members.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact appellant no.5-Vikash Singh @ Dhannu Singh @ Vikash Kumar Singh gave information on 31.05.2018 to the S.H.O., Durgawati regarding criminal activities being carried out by the persons of the scheduled caste community in his temple and appellant - Bijendra Singh
Patna High Court CR. APP (SJ) No.1890 of 2019(6) dt.28-08-2019 3/4
has also filed informatory petition against the father of the informant and others on 13.05.2002 over encroaching the passage of his temple by them and due to the aforesaid reasons the informant has lodged this false and frivolous case against the appellants. The allegation levelled against the appellants is not specific rather general and omnibus in nature. Slating in the name of caste is said to have been made in the baithka of the informant and not in public view, hence no offence under SC/ST Act is made out against the appellants. There is case and counter case between the parties. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 1st Additional Sessions Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 263 of 2018, subject to the condition as laid down under Section 438 (2)
Patna High Court CR. APP (SJ) No.1890 of 2019(6) dt.28-08-2019 4/4
of the Cr.P.C.
Accordingly, the impugned order is set aside and
this appeal is allowed.
Trivedi/- U T
(Prakash Chandra Jaiswal, J)
2 issues framed by the court
Whether the High Court could quash the bail rejection order and grant anticipatory bail in a case involving alleged caste-based assault.
Whether the allegations of hatred and caste slating were sufficient to attract the SC/ST Act solely for anticipatory bail purposes.
2 provisions across 2 enactments
Bijendra Singh and others
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
