Allowed

Anil Kumar Anupam v. the State of Bihar

Patna HC13 Jul 2021CR. APP (SJ)/1776/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the rejection of pre-arrest bail in an SC/ST hate crime case. The court set aside the impugned order, equating the alleged caste-based assault with a land dispute. It directed the appellant's release on bail upon surrender within eight weeks.

What did the court decide?

Impugned order dated 26.11.2020 set aside; appellant to be released on bail upon surrender within eight weeks and furnishing bonds.

Anil Kumar Anupam 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.1776 of 2021

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

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

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ANIL KUMAR ANUPAM Son of Late Ram Bharat Mahto Resident of Village - Ward N. 12, Loknathpur Ganj, P.S. Dalsinghsarai, District - Samastipur. Presently, Resident of village - Rampur Jalalpur, P.S. Dalsinghsarai, District - Samastipur.

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jitendra Narain Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP

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

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 13-07-2021

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Heard Mr. Jitendra Narain Sinha, learned counsel for the appellants and Mr. Binay Krishna, learned APP for the State.

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The appellant has challenged the order dated 26.11.2020 passed by the learned 1^st Additional Sessions Judge, Samastipur, in A.B.P. No. 2105 of 2020 arising out of SC/ST P.S. Case No. 08 of 2020, whereby the prayer made on behalf of the appellant for grant of pre-arrest bail for the offences under Sections 323, 341, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(g) and 3(2)(va) of the SC/ST Act has been rejected.

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About 11 persons are alleged to have assaulted the informant and also demeaned him because of his caste.

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Learned counsel for the appellants has

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Patna High Court CR. APP (SJ) No.1776 of 2021(2) dt.13-07-2021 2/2

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submitted that though there is an accusation of assault against all the accused persons but there is no injury report on record. Proceedings under Section 107 Cr.P.C. and 144 Cr.P.C. are also pending between the parties. The dispute is because of the informant trying to raise a boundary wall on the land belonging to the appellant. The accusation attracting the mischief of SC/ST (Prevention of Atrocities) Act, it has been argued, is only for the purposes of adding seriousness to the offence.

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For the facts aforestated, the order dated 26.11.2020 is set aside.

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The appeal stands allowed.

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On the appellant surrendering before the court below within a period of eight weeks, he shall be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Samastipur in A.B.P. No. 2105 of 2020 arising out of SC/ST P.S. Case No. 08 of 2020.

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(Ashutosh Kumar, J)

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krishna/-

Anil Kumar Anupam v. the State of Bihar

Case brief

What is this about?

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Anil Kumar Anupam v. the State of Bihar

Case brief

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