Allowed

Vijay Sharma v. the State of Bihar

Patna HC14 Jul 2021CR. APP (SJ)/1821/2021

Case brief

AI extract

What is this about?

This bench set aside the order rejecting anticipatory bail. It held the SC/ST Act accusations were distorted regarding a water-drainage dispute between neighbours and allowed the appeal, directing release on bail within eight weeks.

What did the court decide?

The order rejecting anticipatory bail is set aside. Appellants are directed to be released on bail within eight weeks upon surrender and furnishing bail-bonds.

Vijay Sharma 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.1821 of 2021

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Arising Out of PS. Case No.-224 Year-2020 Thana- SHAHKUND District- Bhagalpur

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

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Vijay Sharma S/O Hirdi Sharma R/O Village- Radhanagar, P.S.- Shahkund (Sajaur), District- Bhagalpur

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Suraj Sharma S/O Rajendra Sharma R/O Village- Radhanagar, P.S.Shahkund (Sajaur), District- Bhagalpur

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Mithilesh Sharma S/O Jyotish Sharma R/O Village- Radhanagar, P.S.Shahkund (Sajaur), District- Bhagalpur

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Nitu Sharma @ Nitesh Sharma S/O Jyotish Sharma R/O VillageRadhanagar, P.S.- Shahkund (Sajaur), District- Bhagalpur

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Jyotish Sharma @ Jyoti Sharma S/O Late Laxman Sharma R/O VillageRadhanagar, P.S.- Shahkund (Sajaur), District- Bhagalpur

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance : For the Appellant/s : Mr. N. K. Agrawal- Sr. Advocate For the Respondent/s : Ms. Usha Kumari-1- S.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 14-07-2021 Heard Mr. N. K. Agrawal, the learned Senior Advocate for the appellants and Ms. Usha Kumari-1, the learned Special Public Prosecutor for the State.

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The appellants have challenged the order dated 02.12.2020 passed by the learned 3^rd Additional District and Sessions Judge-cum-Special Judge (SC/ST Act), Bhagalpur in connection with Shahkund (Sajaur) P. S. Case No.224 of 2020, instituted for the offences under Sections 341, 323, 504, 506, 34 of the Indian Penal Code and Section 3(i)(r)/

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Patna High Court CR. APP (SJ) No.1821 of 2021(2) dt.14-07-2021 2/3

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3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.

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It is alleged in the F.I.R. that an occurrence took place in which the members of the prosecution party were assaulted and were demeaned because of their being of a particular community.

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The learned Advocate for the appellants has submitted that there is a dispute with respect to drainage of water and the counter-version of the occurrence also relates to the same dispute between the parties. The appellants are the neighbours of the informant. There has been a delay of three days in preferring the case. The accusation under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act appears to be quite distorted and exaggerated.

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For the reasons afore-stated, the order dated 02.12.2020, referred to above, is set-aside.

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The appeal stands allowed.

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The appellants, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on

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Patna High Court CR. APP (SJ) No.1821 of 2021(2) dt.14-07-2021 3/3

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their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 3^rd Additional District and Sessions Judge-cum-Special Judge (SC/ST Act), Bhagalpur in connection with Shahkund (Sajour) P. S. Case No.224 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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(Ashutosh Kumar, J)

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vikash/-

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U T

Vijay Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Sharma v. the State of Bihar

Case brief

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