The High Court allowed an appeal against the refusal of anticipatory bail for appellants accused under the SC/ST Act and IPC. The court set aside the lower court's order and granted bail subject to bonds and sureties.
Impugned order set aside; appellants released on bail with bond of Rs. 10,000 each and two sureties.
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.3949 of 2019
Arising Out of PS. Case No.-228 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amit Kumar Rakesh For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
Spl. PP 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 anticipatory bail vide order dated 06.08.2019 passed by learned 6th Addl. Sessions Judge cum Special Judge, SC/ST Act, Muzaffarpur in Sahebganj P.S. Case No. 228 of 2019 registered under Sections
Patna High Court CR. APP (SJ) No.3949 of 2019(3) dt.18-11-2019 2/3
147, 149, 323, 324, 307, 354, 504, 379 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
On getting the goat of the informant caught hold by the appellant Nageshwar Bhagat and his son released from impound, eight named accused persons including the appellants armed with weapons descending at the door of the informant slated him in the name of his caste and co-accused Manoj Bhagat assaulted on his head by means of farsa inflicting head injury to him while other assaulted him by means of lathi. Appellants Santosh Bhagat and Subodh Bhagat disrobed his wife. When his son rushed in his rescue, they also assaulted him.
It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. As a matter of fact, co-accused Manoj Bhagat has filed Complaint Case No. 505 of 2019 against the informant and others on 23.05.2019 and in order to save skin from the said case, informant has lodged this false and frivolous case after inordinate delay of 13 days without assigning any plausible explanation for the said delay. Allegation levelled against the appellants is not specific rather general and omnibus in nature.
Patna High Court CR. APP (SJ) No.3949 of 2019(3) dt.18-11-2019 3/3
There is general allegation of assaulting the informant and his son by means of lathi against the appellants. Slating the informant in the name of his caste is said to have been made at the house of the informant and not in the public view. Both sides have sustained injury in the occurrence. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge cum Special Judge, SC/ST Act, Muzaffarpur in Sahebganj P.S. Case No. 228 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)
rohit/- U T
2 issues framed by the court
Whether bail should be granted to appellants accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Whether the impugned order refusing anticipatory bail should be set aside.
2 provisions across 2 enactments
Nageshwar Bhagat
Santosh Bhagat
Mintu Devi
Manju Devi
Nikky Devi
Subodh Bhagat
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
