This criminal appeal concerned the refusal of anticipatory bail in a caste-related assault case involving an alleged caste slur and attack. The High Court allowed the appeal, concluding that bail was appropriate under the given circumstances.
Appellants released on bail of Rs. 10,000 each with two sureties of similar amount within six weeks.
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.2007 of 2019
Arising Out of PS. Case No.-222 Year-2018 Thana- BAHERI District- Darbhanga
======================================================
.. ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ashok Kumar Prasad For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
... ... Respondent/s
ORAL ORDER
4 26-08-2019 Heard learned counsel for the appellants and learned
Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 14.03.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, Darbhanga in Baheri P.S. Case No. 222 of 2018 registered under Sections 147, 149, 323, 379, 354/504 of the Indian Penal Code and Section 3(1)(r)(s) of the SC/ST Act.
Appellants are having bad eye on 11 dhur land given
Patna High Court CR. APP (SJ) No.2007 of 2019(4) dt.26-08-2019 2/4
to the informant by the Government of Bihar vide Basgit Parcha. On 01.11.2018 co-accused Vidyasagar Lal started urinating in the courtyard of the informant and on protest he assaulted her by means of leg and fist on her chest slating her in the name of her caste. When her husband and other family members rushed in her rescue, appellants assaulted them and looted away her household articles and on the order of the coaccused Vidyasagar Lal, Guddu sprinkled petrol on the informant, her daughter and husband while Ganesh Lal tried to set them ablaze.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to land dispute. As a matter of fact, property in question has been purchased by the father of the appellant in the year 1963 and the appellants are in possession thereof. For the cancellation of the Basgit parcha, appellants have lodged the case against the informant and others and notice in the said case has been issued against them. Informant has also lodged Baheri P.S. Case No. 161 of 2018 regarding the same occurrence against them. The allegation levelled against the appellants is not specific rather general and omnibus in nature. There is no allegation of slating the
Patna High Court CR. APP (SJ) No.2007 of 2019(4) dt.26-08-2019 3/4
informant in the name of her caste against the appellants. Out of four victims, only Laxman Paswan and Bibha Devi have sustained injury in the occurrence as injury report of rest two victims are not available in the case diary. Bibha Devi has sustained simple injury whereas opinion regarding nature of injury of Laxman Paswan has been kept reserved but after passing away of nine months supplementary injury report has not been brought on record by the prosecution. Barring aforesaid case lodged by the informant against the appellants, appellants have no other criminal antecedent.
Learned Spl. PP for the State opposed the prayer for
bail.
Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, Darbhanga in connection with Baheri P.S. Case No. 222 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and
Patna High Court CR. APP (SJ) No.2007 of 2019(4) dt.26-08-2019 4/4
appeal is allowed.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
U T
1 issue framed by the court
Whether the appeal against the refusal of anticipatory bail prayer under Section 14(A)(2) of the SC/ST Act should succeed.
3 provisions across 3 enactments
Ram Sagar Lal and 4 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
