Appellants sought pre-arrest bail in PS Case No. 431 of 2019 for offences including IPC 341, 323, 504, 506 and SC/ST Act. The court granted bail after surrender within six days, setting aside the impugned order.
Appellants to surrender within six days; released on bail of Rs. 25,000 each with two sureties subject to conditions under CrPC 438(2).
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4220 of 2019
Arising Out of PS. Case No.-431 Year-2019 Thana- GARKHA District- Saran
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... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Nawal Kishore Singh For the Respondent/s : Mr.Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 16-12-2019
Appellants seek pre-arrest bail in connection with Garkha P.S.Case No. 431 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3 (i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
As per FIR there is allegation against the accused persons, including the appellants that they came at the darwaja of informant and started abusing the informant by taking caste name and also assaulted the informant.
Submission of learned counsel for the appellants is that other sections of IPC are bailable except Section 3(i)(r)(s) of SC/ST Act and even if FIR is accepted it does not show that informant was abused in public view, as such no case is made out under SC/ST Act.
Patna High Court CR. APP (SJ) No.4220 of 2019(3) dt.16-12-2019 2/2
Heard learned Special P.P., who has opposed the prayer for pre-arrest bail of the appellants.
Having heard both sides and in the facts and circumstances, as stated above, let appellants, named above, surrender in the court below within a period of six seeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge (ST/ST Act), Saran at Chapra, in connection with Garkha P.S.Case No. 431 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors of the appellants shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and they have to co-operate in investigation, otherwise their bail bonds shall be cancelled.
Accordingly, this appeal is allowed and the impugned order dated 22.8.2019 is set aside.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether pre-arrest bail should be granted to appellants charged with offences under IPC and SC/ST Act.
Whether the allegations of abuse at the darwaja and assault justify denial of bail under SC/ST Act.
6 provisions across 3 enactments
Kishori Sah
Radhika Devi
Naresh Sah
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
