Single judge allowed a bail appeal and enlarged the appellant on bail in a cognizable case under IPC and SC/ST (POA) Act after the parties compromised the case.
Appellant enlarged on bail by furnishing bond of Rs. 10,000 with two sureties.
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.935 of 2019
Arising Out of PS. Case No.-12 Year-2017 Thana- SC/ST District- Munger
======================================================
Bijendra Choudhary @ Brajendra Prasad, Son of Late Ramdeo Prasad Choudhary Resident of Madhopur P.S.- Kotwali, District - Munger.
... ... Appellant/s
| The State of Bihar. =============== |
==== |
Versus ... ... Respondent/s =================================== |
|---|---|---|
| Appearance : | ||
| For the Appellant/s |
: | Mr. Sanjay Sinha |
| For the Respondent/s =============== |
: ==== |
Mr. Binay Krishna =================================== |
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
6 02-07-2019
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
The appellant seeks pre-arrest bail in connection
with Munger SC/ST P.S. Case No. 12 of 2017 registered under Sections 341, 323, 354, 427 & 504 of the Indian Penal Code and Section 3 (i) (r) (s) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989.
Co-accused Uttam Yadav, Ravi Yadav & Shambhu Yadav are said to have slated the informant and his family members in the name of their caste and assaulted the informant, his mother and grandmother by means of leg and fist over row of putting Bathan on the land of the informant. Appellant has also put his Bathan on his land.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case due to land dispute.
Patna High Court CR. APP (SJ) No.935 of 2019(6) dt.02-07-2019 2/2
There is no allegation of slating the informant in the name of his caste against the appellant. The parties to the case has already compromised the case. Appellant has no criminal antecedent. Similarly situated co-accused Uttam Yadav @ Uttam Kumar and others have been enlarged on bail by co-ordinate Bench of this Court vide judgment dated 23.08.2018 passed in Cr. Appeal (SJ) No.2406 of 2018.
Learned Spl. PP for the State opposed the prayer
for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J 1st -cum Special Judge (SC/ST), Munger in connection with Munger SC/ST P.S. Case No.12 of 2017, 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.)
3 issues framed by the court
Whether pre-arrest bail should be granted to the appellant in a case involving charges under the SC/ST (Prevention of Atrocities) Act and IPC?
Whether the dismissal of the earlier bail application requires setting aside in light of compromise and lack of caste slating allegations?
Whether bail conditions under Section 438(2) CrPC are applicable in bail applications?
3 provisions across 3 enactments
Bijendra Choudhary
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
