A single judge allowed an appeal against the refusal of anticipatory bail, quashing the lower court order and remitting the matter for claims of anticipatory bail subject to conditions prescribed under the Cr.P.C.
The impugned order refusing anticipatory bail is set aside; the accused are directed to be enlarged on bail subject to conditions specified.
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.4740 of 2019
Arising Out of PS. Case No.-28 Year-2019 Thana- BHAGWANPUR District- Kaimur (Bhabua)
======================================================
... ... Appellants
Versus
The State of Bihar
... ... Respondent
====================================================== Appearance : For the Appellant/s : Mr. Yogendra Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
2 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 07.08.2019 passed by learned 1st Additional Sessions Judge cum Special Judge, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No. 28/2019 registered under Sections 341, 323, 379, 504, 506/34 of the
Patna High Court CR. APP (SJ) No.4740 of 2019(2) dt.13-11-2019 2/3
Indian Penal Code and Section 3(1) (r) (s) 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
While the informant was regressing to his house from the field five named accused persons including the appellants got the bull entered into his wheat field and on protest made by the informant all of them slating him in the name of his caste assaulted him by means of lathi, leg and fist on the exhortation of Bhola Bind and also snatched cash of Rs.5000/-.
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 due to animosity and dirty village politics. There is case and counter case between the parties. The allegation levelled against the appellants is not specific rather general and omnibus in nature. Informant has not sustained any injury in the occurrence. There is no allegation of slating the informant in the specific name of his caste, hence, no offence under Section SC/ST Act is made out against the appellants. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for
Patna High Court CR. APP (SJ) No.4740 of 2019(2) dt.13-11-2019 3/3
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 the learned 1st Additional Sessions Judge cum Special Judge, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No. 28/2019, 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
2 issues framed by the court
Whether an appeal under Section 14(A)(2) of the SC/ST Act is maintainable against the refusal of anticipatory bail.
Whether the allegation of caste hatred and entry of a bull into a field constitute an offence punishable under the SC/ST Act.
3 provisions across 3 enactments
Paras Bind 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
