Single Judge amendment order granting bail to the appellant in a scheduled caste atrocity case. The court allowed bail subject to furnishing a bond and two sureties.
Bail granted to the appellant on furnishing a bond of Rs. 50,000 with two sureties of the like amount.
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.4532 of 2019
Arising Out of PS. Case No.-580 Year-2019 Thana- SONEPUR District- Saran
======================================================
Ganesh Kumar Son of Shiv Kumar Sah Resident of Village- Paharichak, P.S.Sonepur, District- Saran at Chapra.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Ravi Bhardwaj For the Respondent/s : Mr.Binay Krishna ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 16-12-2019
Heard learned counsel for the appellant and the counsel appearing on behalf of the State.
Appellant is aggrieved by the order dated 06.09.2019 passed by the Additional District and Sessions Judge cum Special Judge SC/ST, Saran, Chapra in connection with Sonpur P.S. Case No. 580 of 2019 for the offence under section 341, 323, 379, 504, 506, 354, and 34 of the Indian Penal Code and Section 3(1) (r) of the SC/ST Act.
Learned counsel for the appellant submits that appellant has no criminal antecedent. He further submits that there is case and counter case. He also submits that from the prosecution story, it appears that no case under Prevention of Schedule Caste and Schedule Tribe Atrocities Act is made out as pre condition, regarding, public view is lacking in the instant
Patna High Court CR. APP (SJ) No.4532 of 2019(3) dt.16-12-2019 2/2
case.
In view of the aforesaid submission and considering the fact that there is case and counter case and the allegation against the appellant is general and omnibus, the Court is inclined to grant bail to the appellant, let the appellant, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge cum Special Judge SC/ST, Saran, Chapra, in connection with Sonepur P.S. Case No. 580 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the appellant is entitled to bail given the existence of a counter-case and general allegations under the SC/ST Act.
1 provisions across 1 enactments
Ganesh Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
