This single-judge oral order allowed a criminal appeal issued under Section 375 CrPC. It quashed the impugned order denying anticipatory bail and empowered the lower court to grant it upon fulfillment of specific bond conditions.
Appellants released on anticipatory bail upon furnishing bonds 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.1132 of 2020
Arising Out of PS. Case No.-47 Year-2019 Thana- SC/ST District- Aurangabad
======================================================
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
====================================================== Appearance :
For the Appellant/s : Mr.Bhaskar Shankar For the Respondent/s : Mrs.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Special P.P. for the State.
The matter relates to grant of anticipatory bail to the appellants in connection with a case registered for the offences under Sections 354, 379, 341, 323, 447, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w)(i) of the SC/ST (Prevention of Atrocities) Act, 1989.
The prosecution case, in short is that the appellants abused the informant by taking her caste name and they also
Patna High Court CR. APP (SJ) No.1132 of 2020(2) dt.20-02-2021 2/3
assaulted the son of the informant and snatched golden chain from the daughter-in-law of the informant.
It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the appellants. No weapon has been mentioned in the F.I.R., which is alleged to have been used in course of occurrence. The F.I.R. has been instituted after six days of the alleged occurrence. The delay has not been explained by the prosecution. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.
On behalf of the State, it is submitted that the appellants are named in the F.I.R.
In view of the aforesaid facts and circumstances, the order dated 17.02.2020, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Aurangabad vide A.B.P. No.218 of 2020 in connection with SC/ST P.S. case No.47 of 2019, is set aside. The criminal appeal is allowed.
Accordingly, the appellants, above named, in the
Patna High Court CR. APP (SJ) No.1132 of 2020(2) dt.20-02-2021 3/3
event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST, Aurangabad in connection with SC/ST P.S. case No.47 of 2019.
(Sudhir Singh, J)
Narendra/-
U T
1 issue framed by the court
Whether to allow the criminal appeal for anticipatory bail regarding offences under IPC and SC/ST Act, 1989.
Umesh Singh and Others
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
