An appeal against the refusal of anticipatory bail by the Special Judge. The High Court set aside the impugned order allowing bail, granting it subject to specific conditions and surrender within six weeks.
Impugned order setting aside anticipatory bail was set aside; bail granted subject to surrender within six weeks and furnishing bonds.
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.4411 of 2019
Arising Out of PS. Case No.-15 Year-2017 Thana- SC/ST BAGHA District- West Champaran
======================================================
... ... Appellants
Versus
The State of Bihar
... ... Respondent
====================================================== Appearance : For the Appellant/s : Mr. Vijay Kr Singh No. 1 For the Respondent/s : Mrs. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
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
Patna High Court CR. APP (SJ) No.4411 of 2019(3) dt.08-11-2019 2/4
'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 27.08.2019 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST/POCSO Act), Bettiah, West Champaran in connection with Bagaha SC/ST P.S. Case No. 15/2017 (Tr. No.449/2018) registered under Sections 147, 148, 149, 323, 324, 354, 379, 504, 506 of the Indian Penal Code and Section 3(i) (r) (w) (f) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
While the informant and his family members was cutting the grass in his field, six named accused persons and 2530 unknown miscreants including the appellants armed with lathi, danda and barchhi arrived there and started looting the bundle of paddy crops and on forbidding by the informant they shoved him on the ground and assaulted him by means of lathi. Jeetendra Singh assaulted him by means of barchhi. Accused persons also assaulted his mother, sister-in-law and tore their attire and slated them in the name of their caste. They also looted away sixty bundles of paddy crops of worth Rs. 15,000/during retreat.
It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. As a matter of fact, appellant Amit Singh has lodged
Patna High Court CR. APP (SJ) No.4411 of 2019(3) dt.08-11-2019 3/4
Ram Nagar P.S. Case No.393/2017 against the informant and others preceding to case under hand and in order to save his skin informant has lodged this false and frivolous case after three days without assigning any plausible explanation for the said delay. None has sustained injury in the occurrence. Allegation against the appellants is not specific rather general and omnibus in nature. Appellant nos. 2 to 6 have no criminal antecedent, while three cases have been lodged by the informant and his family members against the appellant no.1 and said appellant is on bail in all the aforesaid cases.
Learned Spl. PP for the State opposed the prayer for bail.
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 1st Additional Sessions Judge cum Special Judge (SC/ST/POCSO Act), Bettiah, West Champaran in connection with Bagaha SC/ST P.S. Case No. 15/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. APP (SJ) No.4411 of 2019(3) dt.08-11-2019 4/4
Accordingly, the impugned order is set aside and this
appeal is allowed.
(Prakash Chandra Jaiswal, J)
amit/-
U T
2 issues framed by the court
Whether the anticipatory bail granted by the lower court should be set aside as the appeal against such refusal was allowed.
Whether the appellants should be granted bail on their surrender within six weeks upon furnishing a bond and sureties.
2 provisions across 2 enactments
6. Rajesh Singh @ Gama Singh S/o Late Indrasan Singh And Others
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
