Allowed

Shyam Nandan Singh v. The State of Bihar

Patna HC8 Nov 2019CR. APP (SJ)/4199/2019

Case brief

AI extract

What is this about?

Appeal against refusal of anticipatory bail in a case involving alleged caste-related assault. High Court allowed the appeal, set aside the lower court order, and granted bail subject to conditions.

What did the court decide?

Impugned order refused to be enlarged on bail set aside; appellants enlarged on bail on furnishing bond of Rs. 10,000 each with two sureties of like amount.

Shyam Nandan Singh 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.4199 of 2019

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Arising Out of PS. Case No.-201 Year-2018 Thana- RAJAPAKAR District- Vaishali

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

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SHYAM NANDAN SINGH S/o Late Ajab Singh R/o Village/MohallaNirpur Bariarpur Tole, P.S.- Raja Pakar, Distt.- Vaishali at Hajipur

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Birju Kumar S/o Shyam Nandan Singh R/o Village/Mohalla- Nirpur Bariarpur Tole, P.S.- Raja Pakar, Distt.- Vaishali at Hajipur

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Tinku Kumar S/o Shyam Nandan Singh R/o Village/Mohalla- Nirpur Bariarpur Tole, P.S.- Raja Pakar, Distt.- Vaishali at Hajipur

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Bhajan Singh @ Bhajan Kumar Singh S/o Shyam Nandan Singh R/o Village/Mohalla- Nirpur Bariarpur Tole, P.S.- Raja Pakar, Distt.- Vaishali at Hajipur

... ... Appellants

Versus

The State of Bihar

... ... Respondent

====================================================== Appearance : For the Appellant/s : Mr. Nawal Kishore Singh For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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3 08-11-2019 Heard learned counsel for the appellants and learned Special Public Prosecutor 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, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 19.08.2019 passed by learned 1^st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 201/2018 registered

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Patna High Court CR. APP (SJ) No.4199 of 2019(3) dt.08-11-2019 2/3

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under Sections 341, 323, 324, 307, 504, 34 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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On the insistence of the son of the informant to modulate the volume of D.J. played by the appellants during immersion of idol of Goddess Laxmi, six named accused persons including the appellants slated the son of the informant in the name of his caste and on protest made by him, they assaulted him by means of lathi and when his wife rushed in his rescue, they assaulted her by means of rod. They also assaulted his nephew and mother by means of rod and lathi respectively.

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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 the case due to petty dispute over playing of the D.J. during immersion of idol of Goddess Laxmi. The allegation against the appellants is not specific rather general and omnibus in nature. There is no allegation of slating the son of the informant in the specific name of his caste against the appellants. Injury sustained by the victims are simple in nature. Appellants have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for

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Patna High Court CR. APP (SJ) No.4199 of 2019(3) dt.08-11-2019 3/3

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bail.

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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 learned 1^st Additional Sessions Judge cum Special Judge, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 201/2018, 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 this appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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amit/-

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U T

Shyam Nandan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shyam Nandan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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