The High Court allowed this appeal against the refusal of anticipatory bail. The court set aside the impugned order and granted bail to the appellant for six weeks with a bond of Rs. 10,000 and two sureties.
Appellant released on bail within six weeks with a bond of Rs. 10,000 and 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.3985 of 2019
Arising Out of PS. Case No.-132 Year-2017 Thana- MUFFASIL District- West Champaran
======================================================
NEHAL KUMAR @ AASHISH RAJ Son of Hemant Kumar Resident of Mohalla- Saraswati Nagar, Police Station- Bettiah Muffasil, District- West Champaran.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sanjay Kumar No 7 For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
4 07-11-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 25.07.2019 passed by learned 1st Addl. District and Sessions Judge cum Special Judge, Bettiah, West Champaran in Bettiah Muffasil P.S. Case No. 132 of 2017 registered under Sections 147, 341, 323, 324, 379 and 504 of the Indian Penal Code and Section 3(i)(x) of the SC/ST Act.
While the informant was regressing to his house in the night, seven named accused persons including the appellant surrounded him on the way and assaulted him by means of fist and belt slating him and snatched his cash of Rs. 30,000/-,
Patna High Court CR. APP (SJ) No.3985 of 2019(4) dt.07-11-2019 2/3
mobile and wrist watch. Co-accused Pinku Srivastava took him to his house and pressed his neck.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case merely because his father happens to be witness of Bettiah Muffasil P.S. Case No. 121 of 2017 lodged by one Murari Kumar against the informant and others preceding to the case under hand. Moreover final form has been submitted by the I.O. after investigation of the case under hand. Informant has not sustained any injury in the occurrence. Learned lower court has also not mentioned any injury in the impugned order after perusal of the case diary. The allegation levelled against the appellant is not specific rather general and omnibus in nature. Allegation of theft is super addition. Appellant has no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for
bail.
Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his 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) with two sureties of the like
Patna High Court CR. APP (SJ) No.3985 of 2019(4) dt.07-11-2019 3/3
amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge cum Special Judge, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 132 of 2017, 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)
mantreshwar/-
U T
2 issues framed by the court
Whether the appellant is entitled to anticipatory bail in a case under the SC/ST Act amidst allegations of false implication and lack of injury.
Whether the impugned order refusing anticipatory bail can be set aside to release the appellant on bail.
4 provisions across 4 enactments
Nehal Kumar @ Aashish Raj
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
