Oral order granting bail to appellants in a criminal appeal against bail refusal, allowing a second opportunity to furnish bond upon surrender within four weeks due to insufficient material for ST Act provisions.
Released on bail by furnishing a bond of Rs. 50,000 each with two sureties within four weeks of surrender/arrest.
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.4390 of 2019
Arising Out of PS. Case No.-19 Year-2018 Thana- JANTA BAZAR District- Saran
======================================================
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance : For the Appellant/s : Mr.Anant Kumar Bhaskar, Advocate For the Respondent/s : Mr.Sadanand Paswan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 16-12-2019 Heard learned counsel for the appellants and learned counsel appearing on behalf of the State.
The appellants are aggrieved by the order dated 29.08.2019 passed in ABP No. 2451 of 2019 by 1st Addl. Sessions Judge-cum-Special Judge, SC/ST Saran at Chapra arising out of Janta Bazar P.S. Case No. 19/2018 registered under Sections 147,148,149, 341, 323, 324, 504 IPC and 3(i)(r) (s) SC & ST Act.
Learned counsel for the appellants submits that the appellants have no criminal antecedent. On account of playing Orchestra scuffle took place in which the informant side
Patna High Court CR. APP (SJ) No.4390 of 2019(3) dt.16-12-2019 2/2
sustained injury. There is no specific allegation. In fact, the allegations are general and omnibus character. The nature of injury is simple and from perusal of the entire prosecution case the Court does not find that the materials are enough to attract the provisions of the Prevention of Atrocities on SC/ST.
In view of the above, the Court is inclined to grant bail to the appellants. Let the appellants, in the event of arrest/surrender within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge cum Special Judge, SC/ST Act, Saran at Chapra in connection with Janta Bazar P.S. Case No. 19 of 2018.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether the appellants are entitled to bail in a case attracting provisions of IPC and the SC/ST Act given general allegations and minor injuries.
Whether the material available is sufficient to attract the provisions of the Prevention of Atrocities on SC/ST.
2 provisions across 2 enactments
NASIR SAI @ NASIR ALI
Shakil Sai @ Shakil Sah
Md. Sabir Ali @ Chhedi Sai @ Chhedi
The State Of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
