Appeal against rejection of anticipatory bail under SC/ST Act. Court allowed appeal, set aside impugned order, and granted bail with conditions including surrender within six weeks.
Impugned order rejected; appellants granted bail on furnishing bonds and sureties within six weeks of arrest or surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4651 of 2018
Arising Out of PS. Case No.-216 Year-2016 Thana- DULHIN BAZAR District- Patna
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... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Sudish Kumar For the Respondent/s : Mr.Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT
Date : 01-02-2019
By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 11.10.2018 passed in ABP No.7247 of 2018, Dulhin Baar P.S.Case No.216 of 2016 for the offences punishable under Sections 147, 148, 341, 323, 354(B), 427, 504 of the Indian Penal Code and Section 3(i)(r), 3(1)(w), 3(2)(va) (s) of SC/ST Act by the learned Addl. District and Sessions Judge Judge IV cum SPL Judge, SC/ST, Patna whereby and where-under, the appellant’s application for grant of anticipatory bail has been rejected.
Allegation against the appellants is that they abused the informant and assaulted him.
Patna High Court CR. APP (SJ) No.4651 of 2018 dt.01-02-2019 2/2
Submission of the learned counsel for the appellants is that the land in dispute belongs to the appellants and the Title Suit is pending with respect to the land in dispute and due to that the present case has been lodged by the informant.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/-(twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge IV, Patna cum Special Judge SC/ST, Patnain connection with Dulhin Bazar P.S.Case No.216 of 2016, subject to condition as laid down under Section 438 of Cr.P.C.
(Vinod Kumar Sinha, J)
chn/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 1.2.2019 |
| Transmission Date | 1.2.2019 |
1 issue framed by the court
Whether the impugned order rejecting anticipatory bail under the SC/ST Act should be set aside and bail granted?
3 provisions across 3 enactments
Umesh Kumar @ Umesh Yadav and Sanjay Kumar @ Sanjay Yadav
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
