Allowed

Dhiraj Sharma @Dhiraj Kumar v. the State of Bihar

Patna HC1 Nov 2021CR. APP (SJ)/1027/2021

Case brief

AI extract

What is this about?

In this criminal appeal under section 14A(2) of the SC & ST (Prevention of Atrocities) Act, the Patna High Court allowed the appeal and set aside the rejection of anticipatory bail. The Court granted bail reasoning that since coordinate benches had granted bail to co-accused in related retaliatory cases, a malicious caste motive was not evident.

What did the court decide?

Impugned order dated 13.10.2020 setting aside anticipatory bail is set aside; appellants released upon furnishing bail bond of Rs. 10,000 each with two sureties.

Dhiraj Sharma @Dhiraj Kumar Vs the State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1027 of 2021

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Arising Out of PS. Case No.-88 Year-2017 Thana- GOH District- Aurangabad

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

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DHIRAJ SHARMA @DHIRAJ KUMAR Son of Umesh Sharma Resident of Village - Mundwa, P.S.- Goh, Dist.- Aurangabad. (Bihar)

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Niraj Kumar Son of Kunwar Sharma Resident of Village - Mundwa, P.S.Goh, Dist.- Aurangabad. (Bihar)

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Narendra Kumar @ Narendra Sharma @ Nagendra Sharma Son of Late Ram Lakhan Sharma Resident of Village - Mundwa, P.S.- Goh, Dist.Aurangabad. (Bihar)

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Pankaj Sharma Son of Kanchan Dev Sharma Resident of Village - Mundwa, P.S.- Goh, Dist.- Aurangabad. (Bihar)

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Mukul Sharma Son of Shyamanand Sharma Resident of Village - Mundwa, P.S.- Goh, Dist.- Aurangabad. (Bihar)

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Shyamakant Sharma @ Shyamakanti Sharma Son of Radheram Sharma Resident of Village - Mundwa, P.S.- Goh, Dist.- Aurangabad. (Bihar)

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Ms.Leelawati Kumari For the Respondent/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 01-11-2021 Heard learned counsel for the appellants.

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Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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This appeal has been preferred on behalf of the appellant under Section 14A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 13.10.2020,

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Patna High Court CR. APP (SJ) No.1027 of 2021(2) dt.01-11-2021 2/3

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passed by the learned 1^st Additional District and Sessions Judgecum-Special Judge (SC/ST), Aurangabad, in connection with Goh P.S.Case No. 88 of 2017, registered for the offences punishable under Sections 341, 323, 504, 354 and 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i),3(2) (va) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellants has been rejected.

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As per the allegation, the accused persons humiliated and assaulted the members of the informant party as they were members of the scheduled caste.

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Learned counsel for the appellants has submitted that co-accused persons Naryan Sharma, Rakesh Sharma and Pintu Sharma have been granted anticipatory bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No. 1139 of 2021, vide order dated 11.08.2021. From perusal of the said order, it transpires that the coordinate Bench, after considering the counter case being Goh P.S.Case No. 89 of 2020, found that this case has been filed in retaliation of that case.

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This Court does not find any reason as to why the same benefit should not be extended to the present appellants. As there is already counter case and the present case has been filed in retaliation of that case, it cannot be said that the reason

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Patna High Court CR. APP (SJ) No.1027 of 2021(2) dt.01-11-2021 3/3

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behind the occurrence was malicious feeling of caste.

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Considering the above-mentioned facts and circumstances, the appeal is allowed and the impugned order dated 13.10.2020, passed by the learned 1^st Additional District and Sessions Judge-cum-Special Judge (SC/ST), Aurangabad is set aside.

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Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned 1^st Additional District and Sessions-cum-Special Judge (SC/ST), Aurangabad in connection with Goh P.S.Case No.88 of 2017.

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Office shall ensure that all defects are removed by the appellant within the stipulated time provided in para 2 hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey , J)

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HR/-

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U T

Dhiraj Sharma @Dhiraj Kumar v. the State of Bihar

Case brief

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Dhiraj Sharma @Dhiraj Kumar v. the State of Bihar

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