High Court allowed bail appeal against the refusal of Special Judge, Gaya, to grant bail under SC/ST Act. Court set aside impugned order directing release on bail with bond and sureties.
Appellant enlarged on bail by furnishing 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.3752 of 2019
Arising Out of PS. Case No.-109 Year-2019 Thana- FATEHPUR District- Gaya
======================================================
Arbind Yadav Son of Jagdish Yadav Resident of Village - Dhibar, P.S.Fatehpur, District- Gaya
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Dharmesh Kumar For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 25-09-2019
Heard learned counsel for the appellant and learned Spl. P.P. for the State.
This is an appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of bail vide order dated 06.07.2019 passed by learned Exclusive Special Judge, SC/ST, Gaya, in connection with Fatehpur P.S. Case No.109 of 2019, registered under Section 341, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 3 (1) (r) (s) of SC/ST Act.
Appellant along with four other named accused persons are said to have assaulted the informant by means of lathi and khanti. Accused Pintu Kumar assaulted the informant by means of Khanti. They also slated the informant in the name
Patna High Court CR. APP (SJ) No.3752 of 2019(3) dt.25-09-2019 2/3
of his caste and snatched his mobile phone.
It is submitted by the learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case over petty dispute ensued between the children during course of playing cricket. Allegation levelled against the appellant is not specific rather general and omnibus in nature. Altogether five accused persons are said to have assaulted the informant by means of lathi and khanti but the doctor has found only one injury on the head of the informant. Assailant of said injury is not ascertained. Opinion regarding the nature of injury has not been given by the doctor even after passing away of about four months. There is no allegation of slating the informant in the specific name of his caste against the appellant. Appellant has no criminal antecedent. He has been languishing in jail custody since 31.05.2019
Learned Spl. P.P. for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive
Patna High Court CR. APP (SJ) No.3752 of 2019(3) dt.25-09-2019 3/3
Special Judge (SC/ST) Act, Gaya in connection with Fatehpur P.S. Case No. 109 of 2019.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
T.Kr./-
U T
2 issues framed by the court
Whether to allow bail in an appeal under Section 14(A)(2) of the SC/ST Act against refusal by the Special Judge.
Whether allegations of assault of a specific nature warrant continued custody without specific injury attribution.
3 provisions across 2 enactments
Arbind Yadav
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
