Single judge allowed the appeal against refusal of anticipatory bail under the SC/ST Act, setting aside the impugned order and enlarging the appellants on bail with monetary bond and sureties.
Impugned order refusing anticipatory bail set aside and appellants enlarged on bail upon furnishing bond of Rs. 10,000 each with two sureties.
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.4529 of 2019
Arising Out of PS. Case No.-270 Year-2019 Thana- MAJHAULIA District- West Champaran
======================================================
... ... Appellants
Versus
The State of Bihar
... ... Respondent
====================================================== Appearance : For the Appellant/s : Mr.Virendra Kuar For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
4 13-11-2019 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
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 31.07.2019 passed by learned 1st Additional Sessions Judge cum Special Judge (SC/ST/POCSO Act), Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 270 of 2019 registered under Sections 341, 323, 504,
Patna High Court CR. APP (SJ) No.4529 of 2019(4) dt.13-11-2019 2/3
506, 354, 427/34 of the Indian Penal Code and Section 3(I) (II) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Six named accused persons including the appellants are said to have slated the informant in the name of his caste at his door and assaulted him, his son and his wife during course of thrashing paddy at his door.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. They have been falsely implicated in the case on protest made by them over thrashing paddy in the mid of the road by the informant. There is case and counter case between the parties. The allegation levelled against the appellants is not specific rather general and omnibus in nature. Slating the informant in the name of caste is said to have been made at the house of the informant and not in public view, hence no offence under SC/ST Act is made out against the appellants. None has sustained any injury in the occurrence. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the
Patna High Court CR. APP (SJ) No.4529 of 2019(4) dt.13-11-2019 3/3
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 Majhaulia P.S. Case No. 270 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Prakash Chandra Jaiswal, J)
amit/-
U T
3 issues framed by the court
Whether the refusal of anticipatory bail by the Special Judge (SC/ST) should be set aside and bail granted subject to conditions.
Whether the allegations of slating the informant under caste name constitute an offence under the SC/ST Act in the facts presented.
Whether the appellants had any criminal antecedents or sustained injuries during the alleged occurrence.
2 provisions across 2 enactments
Manjeet Singh
Birendra Singh
Laldeo Chaurasiya
Amit Kumar Singh
Nikhil Singh
State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
