Allowed

Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan Kumar v. the State of Bihar

Patna HC2 Jul 2021CR. APP (SJ)/1329/2021

Case brief

AI extract

What is this about?

The High Court set aside the lower court's order rejecting an application for anticipatory bail filed by multiple accused persons in an SC/ST atrocity case. The court allowed the appeal and directed the release of the appellants on personal bonds subject to furnishing bail bonds with sureties once normalcy is restored, pending the resolution of cases related to defects in the filing process.

What did the court decide?

Set aside the order rejecting anticipatory bail; directed release on personal bonds upon arrest or surrender; directed furnishing of bail bonds with sureties within eight weeks after restoration of no

Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan… — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1329 of 2021

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Arising Out of PS. Case No.-8 Year-2020 Thana- SC/ST District- Gopalganj

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

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Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan Kumar S/O Vineshwar Prasad @ Vineshwar Prasad Gupta @ Vineshwar Kalwar @ Vineshwar Kumar R/O Village-Yadopur Dukhharan, P.S-Yadopur, DistrictGopalganj.

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Rohit Kalwar @ Rohit Kumar @ Rohit Prasad @ Rohit Prasad Gupta S/O Lalan Kalwar @ Lalan Kumar @ Lalan Prasad @ Lalan Prasad Gupta Yr/O Village-Yadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Jitendra Kalwar @ Jitendra Prasad @ Jitendra Prasad Gupta S/O Late Kedar Kalwar @ Late Kedar Prasad @ Late Kedar Prasad Gupta R/O VillageYadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Gyanshankar Kalwar @ Gyanshankar Prasad S/O Late Omprakash Kalwar @ Late Omprakash Prasad R/O Village-Yadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Upendra Kalwar @ Upendra Prasad S/O Late Omprakash Kalwar @ Late Omprakash Prasad R/O Village-Yadopur Dukhharan, P.S-Yadopur, DistrictGopalganj.

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Ramnarayan Kalwar @ Ram Narayan Kalwar @ Ram Narayan Prasad @ Ramnarayan Prasad @ Ram Narayan Gupta S/O Kisun Kalwar @ Kisun Prasad @ Kisun Gupta R/O Village-Yadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Ravindra Kalwar @ Ravindra Prasad @ Ravindra Gupta @ Rabindra Kalwar @ Rabindra Prasad Gupta S/Oramnarayan Kalwar @ Ram Narayan Kalwar @ Ram Narayan Prasad @ Ram Narayan Gupta@Ramnarayan Prasad R/O Village-Yadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Shailesh Kalwar @ Shailesh Kumar Gupta @ Shailesh Prasad S/O Ramnarayan Kalwar @ Ramnarayan Kalwar @ Ramnarayan Prasad @ Ramnarayan Gupta @ Ramnarayan Prasad R/O Village-Yadopur Dukhharan, P.S-Yadopur, District-Gopalganj.

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Manib Kalwar @ Manish Kalwar @ Manish Prasad, S/O Harihar Kalwar @ Harihar Prasad R/O Village-Yadopur Dukhharan, P.S-Yadopur, DistrictGopalganj.

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... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Setu Prateek For the Respondent/s : Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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Patna High Court CR. APP (SJ) No.1329 of 2021(2) dt.02-07-2021 2/4

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ORAL ORDER

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2 02-07-2021 Heard learned counsel for the appellants and learned Special P.P. for the State through virtual mode.

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Learned counsel for the appellants is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The appellants have challenged the order dated 18.09.2020 passed by learned 1^st Additional Sessions Judgecum- Special Judge, SC/ST (POA) Act, Gopalganj in ABP No. 1112 of 2020 in connection with Gopalganj SC/ST P.S. Case No. 08 of 2020 registered for the offences under sections 147, 148, 341, 323, 379, 354(B), 504, 506 of the Indian Penal Code and 3(1)(r)(s)(W), 3(2)(va) of SC/ST (Prevention of Atrocities) Act whereby the prayer made on behalf of the appellants for grant of anticipatory bail has been rejected.

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Prosecution allegation, in short, is that the accused persons assaulted the son of the informant and when the informant went to save her son, she was disrobed by the accused persons.

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It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the

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Patna High Court CR. APP (SJ) No.1329 of 2021(2) dt.02-07-2021 3/4

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present case. Due to previous enmity, the present case has been instituted. Subsequently, the matter has been compromised between the parties vide Annexure-3 to the present application. The alleged occurrence has not 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 appellants are named in the F.I.R.

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Considering the aforesaid facts and circumstances, the order dated 18.09.2020 passed by learned 1^st Additional Sessions Judge-cum- Special Judge, SC/ST (POA) Act, Gopalganj in ABP No. 1112 of 2020 in connection with Gopalganj SC/ST P.S. Case No. 08 of 2020, is set aside.

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The appeal stands allowed.

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Let the appellants above named, in the event of arrest/surrender before the learned court below below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned 1^st Additional Sessions Judge-cum- Special Judge, SC/ST (POA) Act, Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 08 of 2020.

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Once the normalcy is restored, the appellants shall

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Patna High Court CR. APP (SJ) No.1329 of 2021(2) dt.02-07-2021 4/4

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furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan Kumar v. the State of Bihar

Case brief

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Lalan Prasad @ Lalan Prasad Gupta @ Lalan Kalwar @ Lalan Kumar v. the State of Bihar

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