Allowed

Santosh Kumar @ Santosh Prasad Verma v. The State of Bihar

Patna HC26 Sept 2019CR. APP (SJ)/3974/2019

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the refusal of anticipatory bail in a case under the SC/ST Act. The appellants were directed to be released on bail upon arrest or surrender within six weeks by furnishing one bail bond and two sureties.

What did the court decide?

The appellants were directed to be released on bail within six weeks of the date of the order by furnishing a bond of Rs. 10,000 each with two sureties of like amount.

Santosh Kumar @ Santosh Prasad Verma Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3974 of 2019

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Arising Out of PS. Case No.-135 Year-2019 Thana- NAUTAN District- West Champaran

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======================================================

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Santosh Kumar @ Santosh Prasad Verma Son of Rambahadur Prasad Verma Resident of Village- Khadda Kujlahi, P.S.- Nautan, District- West Champaran.

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Pramod Kumar Verma Son of Rambahadur Prasad Verma Resident of Village- Khadda Kujlahi, P.S.- Nautan, District- West Champaran.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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2 26-09-2019

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Heard learned counsel for the appellants and learned

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Spl. PP for the State.

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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 6.8.2019 passed by learned 1^st Addl. Sessions Judge cum Special Judge, SC/ST/POCSO, Bettiah, West Champaran in Nautan P.S. Case No. 135 of 2019 registered under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(f), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellants taking the informant to the orchard from

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Patna High Court CR. APP (SJ) No.3974 of 2019(2) dt.26-09-2019 2/3

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his house by motorcycle assaulted him by means of leg, fist and belt and made him injured in association of two other named accused persons. They also snatched away his cash of Rs. 8,00/and slated him in the name of his caste.

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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 merely due to petty dispute ensued between the parties over plucking of the mangoes from the orchard of the appellants by the informant. Allegation levelled against the appellants is not specific rather general and omnibus in nature. Informant has not sustained any grievous injury in the occurrence. Slating the informant is said to have been made in the orchard of the appellants and not in the public view, hence, no offence under the SC/ST Act is made out against the appellants. Allegation of theft is super addition. There has been inordinate delay of eight days in lodging the FIR without assigning any plausible explanation for the same. Appellants have no criminal antecedent.

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Learned Spl. PP for the State and learned counsel for the informant opposed the prayer for bail.

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In the facts and circumstances of the case, let the

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Patna High Court CR. APP (SJ) No.3974 of 2019(2) dt.26-09-2019 3/3

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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 1^st Addl. Sessions Judge cum Special Judge, SC/ST/POCSO, Bettiah, West Champaran in Nautan P.S. Case No. 135 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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rohit/-

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U T

Santosh Kumar @ Santosh Prasad Verma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar @ Santosh Prasad Verma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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