The High Court allowed the criminal appeal and set aside the lower court's order rejecting bail. This oral order granted bail to the appellants charged under Section 307 IPC and SC/ST Act, directing their release on specific conditions.
Release on bail by furnishing bonded of ten thousand rupees each with two sureties of like amount.
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.1111 of 2021
Arising Out of PS. Case No.-99 Year-2020 Thana- BHAGWANGANJ District- Patna
======================================================
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr.Lallu Prasad For the Respondent/s : Mr.Sadanand Paswan ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2. 02-03-2021 Heard learned counsel for the parties.
The present appeal has been filed against order dated 03.10.2020 passed by learned A.D.J.-X cum Special Judge, SC/ST Act, Patna in Special Case No. 331 of 2020, arising out of Bhagwanganj P.S. Case No. 99 of 2020, registered for the offence punishable under Section 307 & other allied sections of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act, whereby, the prayer for bail of appellants was rejected.
As per the prosecution case, due to some dispute
Patna High Court CR. APP (SJ) No.1111 of 2021(2) dt.02-03-2021 2/3
between the parties over grazing of goat of brother of informant, it is alleged that all the FIR named accused persons, including these appellants, and 3-4 unknown persons, armed with garasa and farsa , entered into the house of informant and started assaulting informant and his family members, as a result of which, they received several injuries on their person.
It is submitted on behalf of appellants that there is case and counter case. There is general and omnibus allegation of abusing and causing assault. The appellants have got clean antecedent, as stated in paragraph – 3 of the memo of appeal, and they are in custody since 30.07.2020. Chargesheet has been submitted.
Considering the aforesaid facts & circumstances as well as nature of allegation, the impugned order dated 03.10.2020 passed by learned A.D.J.-X cum Special Judge, SC/ST Act, Patna in Special Case No. 331 of 2020, arising out of Bhagwanganj P.S. Case No. 99 of 2020, is set aside and appeal is allowed.
Accordingly, let the appellants, above named, be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-X cum Special Judge, SC/ST Act,
Patna High Court CR. APP (SJ) No.1111 of 2021(2) dt.02-03-2021 3/3
Patna in connection with Special Case No. 331 of 2020, arising out of Bhagwanganj P.S. Case No. 99 of 2020, on following conditions:
“(1) Appellants shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the appellants tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay
U T
3 issues framed by the court
Whether the bail order rejected by the lower court against the appellants should be set aside.
Whether the appellants are entitled to release on bail from custody.
Whether the bail conditions are sufficient in the given case facts.
3 provisions across 3 enactments
Shailesh Kumar
Santosh Kumar
Munna Kumar
The State of Bihar
Raghunath Ravidas
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
