In an appeal against the rejection of bail in an SC/ST case, the court set aside the impugned order and granted bail on furnishing a bond of Rs. 25,000 with two sureties, noting the cases and counter-case nature of the scuffle.
Appellant released on bail for Rs. 25,000 with two sureties of like amount each.
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.1885 of 2020
Arising Out of PS. Case No.-17 Year-2020 Thana- SALAIYA District- Aurangabad
======================================================
BHOLA YADAV @ MANISH YADAV S/o Satendra Yadav Resident of Village- Sonari Bigha, P.S.- Salaiya, District- Aurangabad.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Bhaskar Shankar, Advocate For the Respondent/s : Mr.Binay Krishna Mallik, APP ======================================================
... ... Respondent/s
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 01-12-2020
Heard learned counsel for the appellant and the
State.
The appellant is aggrieved by the order dated 25.08.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Aurangabad in Salaiya P.S. Case No. 17 of 2020 registered for the offences under Sections 504, 506, 341, 323/34 IPC and Sections 3(1) (1)(s) 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.
Learned counsel appearing on behalf of the appellant would submit that the appellant is in custody since 19.07.2020. there is case and counter case for a scuffle between the parties. There is no visible injury sustained by the informant side and
Patna High Court CR. APP (SJ) No.1885 of 2020(2) dt.01-12-2020 2/2
the offences are all bailable except provisions of SC/ST Act. Which appears to be ornamental in the present case.
Considering the totality of the fact situation and also the allegation of assault by fists and slaps, the impugned order dated 25.08.2020 is set aside and the appeal is, accordingly, allowed.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge SC/ST Act, Aurangabad in connection with Salaiya P.S. Case No. 17 of 2020.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether to allow the appeal and grant bail to the appellant who was denied regular bail in an SC/ST case.
Whether the offences under the SC/ST Act in this case should be treated as non-bailable given the circumstances.
2 provisions across 2 enactments
Bhola Yadav @ Manish Yadav
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
