Allowed an appeal against the refusal of anticipatory bail in a case alleging caste-based abuse and land dispossession, directing release on bail with sureties and a bond within six weeks.
Released on bail upon furnishing bond of Rs. 25,000 with two sureties of the like amount each within six weeks.
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.4344 of 2018
Arising Out of PS. Case No.-18 Year-2018 Thana- SC/ST BETTIAH District- West Champaran
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Shyambabu Prasad @ Shyam Babu Gupta, Son of Late Thakur Prasad, Resident of Village+ P.S.-Sikta, District - West Champaran, Bettiah.
... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Brij Kishor Mishra For the Respondent/s : Mr.Sri Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019
This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 25.08.2018 passed by the learned Addl. Sessions Judge 1st -cumSpecial Judge, Bettiah, West Champaran in ABP No. 1355 of 2018 arising out of Bettiah Sadar SC/ST P.S.Case No. 18 of 2018 registered under Sections 323, 341, 385 and 504 of the Indian penal Code and Sections 3(i)(r)(g)(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is of abusing the informant by taking caste name and trying to dispossess him from the land.
Submission of learned counsel for the appellant is that a
Patna High Court CR. APP (SJ) No.4344 of 2018 dt.22-02-2019 2/2
proceeding under Section 107 Cr.P.C. has already been initiated between the parties as and there is land dispute between them and due to that the allegation of abusing by caste name has been mentioned to make the case serious.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 1st -cum-Special Judge, Bettiah, West Champaran in ABP No. 1355 of 2018 arising out of Bettiah Sadar SC/ST P.S.Case No. 18 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.
(Vinod Kumar Sinha, J)
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2 issues framed by the court
Whether to grant bail to the appellant despite the initial refusal in the anticipatory bail petition.
Whether the alleged caste atrocity accusation is founded on a genuine land dispute.
2 provisions across 2 enactments
Shyambabu Prasad @ Shyam Babu Gupta
The State Of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
