Appeal against interim bail order. Court granted bail to appellants apprehending arrest in SC/ST atrocity case, directing surrender and attachment of security with sureties before the Special Judge.
Bail granted upon arrest or surrender within six weeks by furnishing bond of Rs.25,000 each with two sureties of like amount to Special Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.218 of 2019
Arising Out of PS. Case No.-370 Year-2018 Thana- MANER District- Patna
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... ... Appellant/s
Versus
The State Of Bihar Bihar
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Shekhar Kumar Singh For the Respondent/s : Mr.Sri Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 15-04-2019
Heard the parties.
The appellants are apprehending their arrest in connection with Maner P.S.Case No.370 of 2018 dated 18.7.2018 , registered for offences punishable under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellants as per FIR is against one Dipal Rai abused the informant by caste name and the other accused persons are also named in the FIR.
Submission of the learned counsel for the appellants is that there is no allegation of abusing by caste name and no specific allegation of assault is against these appellants and the other co-accused persons, having similar allegation have
Patna High Court CR. APP (SJ) No.218 of 2019 dt.15-04-2019 2/2
been granted privilege of anticipatory bail, vide judgment dated 13.12.2018 passed in Cr. Appeal (S.J.) No.3814 of 2018.
Heard learned Spl.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IV cum Special Judge, SC/ST Act, Patna in connection with ABP No.5638 of 2018 arising out of Maner P.S.Case No.370 of 2018 corresponding (Special) Case No.380 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid observation, this appeal is allowed with respect to above named appellants and the impugned order is set aside.
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2 issues framed by the court
Whether the appellants are entitled to bail upon arrest or surrender in an SC/ST atrocity case pending appeal.
Whether the impugned interim bail order should be accepted or set aside.
2 provisions across 2 enactments
Kundan Kumar s/o-Baban Sao, Baban Sao, Jyotish Kumar, Bhuneshwar Rai
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
