Allowed

Harendra Prasad v. the State of Bihar

Patna HC22 Feb 2021CR. APP (SJ)/1308/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed the appeal against the rejection of anticipatory bail. The bench set aside the lower court order and granted bail on the conditions of furnishing sureties, finding merit in the appellant's innocence and the weak prosecution case.

What did the court decide?

The order dated 13.10.2020 rejecting anticipatory bail was set aside and the appellant granted anticipatory bail on furnishing bonds of Rs. 10,000 with two sureties.

Harendra Prasad 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.1308 of 2021

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Arising Out of PS. Case No.-212 Year-2020 Thana- BARAULI District- Gopalganj

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

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HARENDRA PRASAD S/O GOARI SHANKAR PRASAD @ GOARI R/O VILLAGE-JOKAHA, P.S-BAROALI, DISTRICT-GOPALGANJ.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Harendra Prasad For the Respondent/s : Mr. Sp. P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 22-02-2021

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As per Mentioning -Slip kept at ‘Flay-Y, the present matter has been listed for earlier hearing.

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Heard learned counsel for the appellant and learned Special P.P. for the State through virtual mode.

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The appellant has challenged the order dated 13.10.2020 passed by learned 1^st Additional District & Sessions Judge-cum- Special Judge, Gopalganj in ABP No. 1370/2020 in connection with Barauli P.S. Case No. 212/20 registered for the offences under sections 341, 323, 504, 506, 308/34 of the Indian Penal Code and 3(2)(i), (r), (s)(v) of SC/ST (Prevention of Atrocities) Act whereby the prayer made on behalf of the appellant for grant of anticipatory bail has been rejected.

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Prosecution allegation, in short, is that on trivial issue regarding theft of cattle, the accused persons abused and

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Patna High Court CR. APP (SJ) No.1308 of 2021(2) dt.22-02-2021 2/3

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assaulted the informant taking her caste name.

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It has been submitted on behalf of the appellant that

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the appellant has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. The nature of injury is said to be simple in nature. There is a case and counter case between the parties. The injury on the side of accused persons have not been explained by prosecution. The prosecution has not come with clean hands. No occurrence is said to have taken place within public view. Hence, no offence under SC/ST Act is made out in the present case.

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On behalf of the State, it is submitted that the appellant is named in the F.I.R.

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Considering the aforesaid facts and circumstances, this Court is inclined to set aside the order dated 13.10.2020 passed by learned 1^st Additional District & Sessions Judge-cumSpecial Judge, Gopalganj in ABP No. 1370/2020 in connection with Barauli P.S. Case No. 212/20 by which the anticipatory bail of the appellant was rejected.

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Let the appellant above named, in the event of arrest/surrender before the learned court below within a period

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Patna High Court CR. APP (SJ) No.1308 of 2021(2) dt.22-02-2021 3/3

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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 1^st Additional District & Sessions Judge-cum- Special Judge, Gopalganj in connection with Barauli P.S. Case No. 212/20.

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The appeal stands allowed.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Harendra Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Harendra Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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