In this criminal appeal under section 14(A)(2) of the SC/ST Act, the Patna High Court allowed the appellants' prayer for bail. The court set aside the lower court's order refusing bail and directed the enlargement of the appellants on surety.
Appellants directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount.
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.3717 of 2019
Arising Out of PS. Case No.-299 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Praveen Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 07.08.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, Kaimur at Bhabua in Chainpur P.S. Case No. 299 of 2019 registered under Sections 147, 148, 149, 341, 323, 504 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(1)(S)(W)/3(2)(RA) of the SC/ST Act.
All the ten accused persons including the appellants descending at the door of the informant started
Patna High Court CR. APP (SJ) No.3717 of 2019(3) dt.24-09-2019 2/3
slating him and on protest made by him co-accused Sriram Bind assaulted his nephew namely Chandan Kumar and Sunil Kumar by means of knife and other accused persons assaulted the womenfolk of the house of the informant and also resorted firing. Co-accused Bablu Bind slated the informant in the name of his caste.
It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case merely because one Suresh Paswan has lodged Chainpur P.S. Case No. 298 of 2019 against the informant and others preceding to the case under hand. Appellants do not happen to be assailant. Barring Chandan Kumar and Sunil Kumar, none has sustained injury in the occurrence. Allegation of slating the informant levelled against the appellants is not specific rather general and omnibus in nature. Moreover appellants are not said to have slated the informant in the name of his caste. Appellants have no criminal antecedent and have been languishing in custody since 26.07.2019.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, the
Patna High Court CR. APP (SJ) No.3717 of 2019(3) dt.24-09-2019 3/3
above named appellants are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the 1st Addl. Sessions Judge cum Special Judge, SC/ST Act, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 299 of 2019.
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 should be enlarged on bail in an appeal against refusal of bail in an offence under the SC/ST Act and IPC.
Whether the appellants were implicated falsely and had no concern with the occurrence mentioned in the impugned order.
4 provisions across 3 enactments
Suganu Bind
Munib 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
