Dismissed

Bharat Singh v. The State of Bihar

Patna HC16 Dec 2019CR. APP (SJ)/4605/2019

Case brief

AI extract

What is this about?

This criminal appeal under Section 14(A)(2) of the SC/ST Act sought a review of the refusal of anticipatory bail. The court dismissed the appeal as devoid of merit, holding that an offense under the SC/ST Act precludes the maintainability of such a bail application despite intervening land disputes.

What did the court decide?

Appeal dismissed; prayer for anticipatory bail continues to be refused; regular bail may be considered upon arrest or surrender.

Bharat Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4605 of 2019

¶2

Arising Out of PS. Case No.-144 Year-2019 Thana- DIGHWARA District- Saran

¶3

======================================================

¶4

Bharat Singh S/o Late Bhola Singh R/o Village- Nijam Chak, P.S.Dighwara, District- Saran

¶5

Suresh Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶6

Mahesh Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶7

Raghu Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶8

Jadu Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶9

Sanjay Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶10

Vijay Singh S/o Bharat Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶11

Arjun Singh S/o Suresh Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶12

Ajeet Singh S/o Mahesh Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶13

Sumit Singh S/o Raghu Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶14

Amit Singh S/o Raghu Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶15

Sujeet Singh S/o Jadu Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶16

Ankit Singh S/o Vijay Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran

¶17

Shaurabh Singh S/o Sanjay Singh R/o village- Nijam Chak, P.S.- Dighwara, District- Saran ... ... Appellant/s

¶18

Versus

¶19

The State of Bihar ... ... Respondent/s

¶20

====================================================== Appearance : For the Appellant/s : Mr. Shruti Sinha For the Respondent/s : Mr. Usha Kumari No 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

¶21

Patna High Court CR. APP (SJ) No.4605 of 2019(3) dt.16-12-2019 2/3

¶22

3 16-12-2019 Heard learned counsel for the parties.

¶23

It is submitted that appellant no.7 Vijay Singh has

¶24

already been arrested, hence, his prayer for anticipatory bail has become infructuous.

¶25

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by order dated 28.08.2019 in A.B.P.No.1764 of 2019 by the learned Additional District & Sessions Judge-I, Saran connection with Dighwara P.S.Case No.144 of 2019 under Sections 147, 148, 149, 341, 323, 379, 427, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)(s) of SC/ST Act.

¶26

Allegation is general and omnibus against the appellants of commission of abuse, threat and mischief by damaging the house hold articles and removal of the articles as well. The prayer for anticipatory bail has been refused by the learned Additional Sessions Judge on the ground that it is not maintainable.

¶27

Learned counsel for the appellants submits that there is old land dispute in between the parties. The reason behind false implication is proceeding under Sections 144/145 of the Cr.P.C. going on between the parties.

¶28

Patna High Court CR. APP (SJ) No.4605 of 2019(3) dt.16-12-2019 3/3

¶29

Since allegation of commission of offence under the SC/ST Act is made out against the appellants, the anticipatory bail application is not maintainable. Accordingly, this appeal stands dismissed as devoid of merit.

¶30

In the event of arrest or surrender of appellants, the prayer for regular bail shall be considered on its own merit without being prejudiced by this order and considering the fact that there is land dispute between the parties.

¶31

(Birendra Kumar, J)

¶32

B.Kr./-

¶33

U T

Bharat Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bharat Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhaneshwar Pandit Vs the State of Bihar

Sudhir Yadav Vs The State of Bihar

Sadhu Rai @ Sadhu Yadav Vs The State of Bihar

Priya Ranjan Kumar Vs The State of Bihar

Hari Singh @ Hari Mohan Singh Vs the State of Bihar

Raj Kumar Ray @ Raju Kumar Vs The State of Bihar