Allowed

Bijendra Prasad v. The State of Bihar

Patna HC4 Jun 2019CR. APP (SJ)/892/2019

Case brief

AI extract

What is this about?

This special leave appeal was filed against the refusal of regular bail under the SC/ST Act. The special judge had cited injury reports and the nature of allegations as grounds for detention. The High Court, after hearing parties, held it was a fit case for bail and released the appellants on furnishing bonds. The impugned order was set aside and the appeal allowed.

What did the court decide?

Appellants released on bail by furnishing bonds of Rs. 20,000 each with two sureties of the like amount; impugned order set aside.

Bijendra Prasad Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.892 of 2019

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Arising Out of PS. Case No.-132 Year-2018 Thana- KADIRGANJ District- Patna

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

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BIJENDRA PRASAD, Son of Vijay Prasad @ Vijay Prasad Mahto. Resident of Village- Dewan, Police Station - Kadirganj, District- Patna.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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

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with

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CRIMINAL APPEAL (SJ) No. 909 of 2019

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Arising Out of PS. Case No.-132 Year-2018 Thana- KADIRGANJ District- Patna

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

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1. MANISH KUMAR

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Rupesh Kumar. Both Son of Vijay Prasad @ Vijay Prasad Mahato. Both Residents of Village- Dewan, Police Station- Kadirganj, District - Patna.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 892 of 2019) For the Appellant/s : Mr.Prabhat Kumar Dipak For the Respondent/s : Mr.Usha Kumari 1 (In CRIMINAL APPEAL (SJ) No. 909 of 2019) For the Appellant/s : Mr.Prabhat Kumar Dipak For the Respondent/s : Mr.Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date : 04-06-2019

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Heard learned counsel for the parties.

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This is an appeal under Section 14(A)(2) of the Scheduled

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Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”), against the refusal of prayer for regular bail vide order dated 29.01.2019 passed by the

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Patna High Court CR. APP (SJ) No.892 of 2019 dt.04-06-2019 2/2

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learned Special Judge, SC/ST (POA) Act, Patna in Special Case No.685 of 2018, arising out of Kadirganj Police Station Case No.132 of 2018, registered under Sections 323, 337, 341, 379, 504, 506, 307/34 of the Indian Penal Code as well as Sections 3(I)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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The appellants are in custody since 28.12.2018.

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Considering the nature of allegation as well as injury report brought on the record along with supplementary affidavit and after hearing the parties, including learned counsel appearing on behalf of the informant, in my opinion, this is a fit case for grant of bail.

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Hence, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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Accordingly, the impugned order is set aside and this appeal stands allowed.

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(Birendra Kumar, J)

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abhishek/-

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AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	07.06.2019
Transmission Date	07.06.2019

Bijendra Prasad v. The State of Bihar

Case brief

What is this about?

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Bijendra Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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