High Court allowed an appeal under the SC/ST Act against the refusal of anticipatory bail. The court set aside the lower court order granting bail subject to conditions.
The impugned order refusing anticipatory bail was set aside and the appeal allowed.
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.3829 of 2019
Arising Out of PS. Case No.-31 Year-2019 Thana- BIRUPUR SAHAYAK DistrictLakhisarai
======================================================
Patna High Court CR. APP (SJ) No.3829 of 2019(3) dt.27-09-2019 2/4
... ... Appellants.
Versus
The State of Bihar.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Ganesh Sharma For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
3 27-09-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 23.07.2019 passed by learned 1st Additional Sessions Judge cum Special Judge, Lakhisarai in connection with Birupur P.S. Case No.31 of 2019, SC/ST No.37 of 2019 registered under Sections 147, 149, 323, 354 & 504 of the Indian Penal Code and Section 3(1) (x) of the Scheduled Castes
Patna High Court CR. APP (SJ) No.3829 of 2019(3) dt.27-09-2019 3/4
and Scheduled Tribes (Prevention of Atrocities) Act.
When the informant along with others had gone to Maharani temple to offer worship before departure of barat, appellants and 10-15 miscreants started slating them and on forbading them, they assaulted them by means of stone and lathi making five persons injured.
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 this case due to dirty village politics. None has sustained injury in the occurrence. The allegation levelled against the appellants is not specific rather general and omnibus in nature. There is no allegation of slating the informant and others in the name of their caste. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional
Patna High Court CR. APP (SJ) No.3829 of 2019(3) dt.27-09-2019 4/4
Sessions Judge cum Special Judge, Lakhisarai in connection with Birupur P.S. Case No.31 of 2019, SC/ST Case No.37 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 this appeal is allowed.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the anticipatory bail application dismissed by the Sessions Court should be allowed.
2 provisions across 2 enactments
Bijay Mahto and 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
Prakash Chandra Jaiswal
