The High Court allowed the criminal appeal against the rejection of anticipatory bail. It set aside the lower court order and directed the appellants to surrender within eight weeks upon furnishing bail bonds under Section 438(2) Cr.P.C.
The appellants to be released on bail within eight weeks of receiving a copy of this order by furnishing bail bonds.
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.1265 of 2021
Arising Out of PS. Case No.-60 Year-2017 Thana- SC/ST District- Araria
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Anamul Haque For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
the appellants and Ms. Usha Kumari, learned Special Public Prosecutor for the State.
The appellants have challenged the order dated
11.11.2020, passed by the learned 1st Additional Sessions cum Special Judge, Araria, in A.B.P. No. 1410 of 2020, arising out of Araria (SC/ST) P. S. Case No. 60 of 2017 (Spl. (SC/ST) Case No. 272 of 2017),
Patna High Court CR. APP (SJ) No.1265 of 2021(3) dt.13-07-2021 2/4
whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences punishable under Sections 354 B, 452 and 380 of the Indian Penal Code and Section 3 (I) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.
The accusation against the appellants is of having abused and insulted the informant.
It has been alleged in the F.I.R. that earlier also the informant had filed a case against the appellants but the police in collusion with the accused persons managed to have the case compounded. Later, again the accused persons including the appellants have misbehaved with the informant.
The learned counsel for the appellants has submitted that the informant had attempted to encroach upon the public land in front of her house and when this was protested, the present case was lodged with general and omnibus allegations.
Patna High Court CR. APP (SJ) No.1265 of 2021(3) dt.13-07-2021 3/4
The appellant no. 1 is the Ward Member
whereas the other appellants are not keeping good
health and they have been made accused in this case because they have participated in public protest against the encroachment made by the informant.
The accusation involving the mischief of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is only to make the case look serious.
The learned counsel for the appellants has also submitted that the local Panchayat functionaries have also reported that the informant is in the habit of making such wild allegations.
For the afore-stated reasons, the order dated 11.11.2020, passed by the learned 1st Additional Sessions cum Special Judge, Araria, is set aside.
The appeal stands allowed.
The appellants, above-named, are directed to
be released on bail, in the event of their arrest or
Patna High Court CR. APP (SJ) No.1265 of 2021(3) dt.13-07-2021 4/4
surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions cum Special Judge, Araria, in connection with Araria (SC/ST) P. S. Case No. 60 of 2017 (Spl. (SC/ST) Case No. 272 of 2017), subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J)
skm/-
2 issues framed by the court
Whether the High Court should allow the appeal against the rejection of anticipatory bail by setting aside the lower court order.
Whether the bail bonds should be furnished and the appellants released subject to conditions.
1 provisions across 1 enactments
Purnanand Sah
Yoganand Sah
Kirtiyanand Yadav
Madan Lal Yadav
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
