An appeal against the refusal of anticipatory bail under the SC/ST Act. The court noted the appellant alleged collusion in filing a false case. It granted bail with sureties and set aside the impugned order allowing the appeal.
Appellant released on bail with bond of Rs. 10,000/- and two sureties of like amount; impugned order set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2902 of 2019
Arising Out of PS. Case No.-72 Year-2019 Thana- DANIYAWAN District- Patna
======================================================
SUBELAL PRASAD Son of Late Rameshwar Yadav Resident of Village - Khirodharpur, P.S.- Fatuha, District- Patna
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar For the Respondent/s : Mr.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 29-08-2019
Heard learned counsel for the appellant 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 24.05.2019 passed by learned Special Judge, SC/ST Act, Patna in Daniyawan P.S. Case No. 72 of 2019 registered under Sections 341, 323, 504, 506 of the Indian Penal Code and Section 3(i)(r) of the SC/ST Act.
Appellant is said to have slated the informant in the name of his caste in office in inebriated condition. However he was saved by the passerby and some contractors when he stepped out of the office making alarm.
It is submitted by learned counsel for the appellant
Patna High Court CR. APP (SJ) No.2902 of 2019(3) dt.29-08-2019 2/3
that the appellant has no concern with the aforesaid occurrence. As a matter of fact, he happens to be Junior Lineman of the Vidyut Upshakti Kendra, Daniyawan while the informant is the operator and appellant used to make correct report to the JE against the contractor and the said contractor taking the informant in his collusion got this false and frivolous case filed against the appellant. There is no allegation of making any assault against the appellant. Only allegation against the appellant is of slating the informant in the name of his caste, but the said slating cannot be said to have been made in public view as none was present in the office to save the informant rather he was saved by the passerby and the contractor when he stepped out of the office making alarm. He has no 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 appellant, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, Patna in connection with Daniawan P.S. Case No.
Patna High Court CR. APP (SJ) No.2902 of 2019(3) dt.29-08-2019 3/3
72 of 2019, subject to the condition as laid down under Section
438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
mantreshwar/-
U T
2 issues framed by the court
Whether the appellant is entitled to anticipatory bail in view of the circumstances surrounding the alleged slating of the informant.
Whether the refusal of anticipatory bail by the learned Special Judge should be set aside.
4 provisions across 3 enactments
Subelal Prasad
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
