The High Court allowed the appeal challenging the rejection of anticipatory bail. It set aside the earlier order and directed the release of the appellants on bail within eight weeks by furnishing bonds and sureties.
Anticipatory bail granted for the period of eight weeks upon furnishing bail bonds of Rs. 10,000 each with two sureties.
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.2034 of 2021
Arising Out of PS. Case No.-173 Year-2020 Thana- AMDABAD District- Katihar
======================================================
Patna High Court CR. APP (SJ) No.2034 of 2021(2) dt.15-07-2021 2/5
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Om Prakash Singh For the Respondent/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 2 15-07-2021 Heard Mr. N. K. Agrawal, learned senior Advocate for the appellants and Ms. Usha Kumari-I, learned Special Public Prosecutor for the State.
Patna High Court CR. APP (SJ) No.2034 of 2021(2) dt.15-07-2021 3/5
The appellants have challenged the order dated 21.12.2020, passed by the learned Additional Sessions
Judge 1 cum learned Special Judge SC & ST Act at Katihar, in A.B.P. No. 66 of 2020, arising out of Amdabad P. S. Case No. 173 of 2020, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences punishable under Sections 147, 148, 149, 323, 354, 452, 504 and 506 of
the Indian Penal Code and Section 3 (1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.
The appellants are said to have assaulted and abused the members of the prosecution party.
The learned counsel for the appellants has submitted that more than 50 persons have been made
accused in this case. The occurrence arose because of some dispute between the children of two communities but it galvanized into full fledged conflict between two groups of people.
Patna High Court CR. APP (SJ) No.2034 of 2021(2) dt.15-07-2021 4/5
There is a counter case also which has been
lodged prior in point of time to the subject F.I.R.
Nothing specific has been alleged against
anyone of the appellants and nobody also appears to have been injured in any serious manner.
The accusation involving the mischief of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears to be only for the purposes of adding seriousness to the offence.
Regard being had to the afore-stated facts, the order dated 21.12.2020, passed by the learned Additional Sessions Judge 1 cum learned Special Judge SC & ST Act at Katihar, 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 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
Patna High Court CR. APP (SJ) No.2034 of 2021(2) dt.15-07-2021 5/5
Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge 1 cum learned Special Judge SC & ST Act at Katihar, in connection with Amdabad P. S. Case No. 173 of 2020, subject to the conditions as
laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J)
skm/-
U T
2 issues framed by the court
Whether to allow the appeal challenging the rejection of the prayer for anticipatory bail.
Whether the appellants should be released on bail subject to conditions.
3 provisions across 3 enactments
MD GULAB ROUSHAN AND OTHERS
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
