The High Court allowed an appeal against the rejection of anticipatory bail, noting that specific accusations were levelled at a co-accused rather than appellants, and set aside the impugned order to grant bail.
Order dated 21.09.2020 set aside; appellants released on bail on furnishing bonds of Rs. 10,000 with two sureties within four weeks.
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.182 of 2021
Arising Out of PS. Case No.-390 Year-2020 Thana- MAJHAULIA District- West Champaran
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Rakesh Kumar For the Respondent/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 27-10-2021 The appellants have challenged the order dated
21.09.2020 passed by the 1st Additional District &
Sessions Judge-cum-Special Judge (SC/ST), Bettiah,
West Champaran in connection with Majhaulia P.S. Case No. 390 of 2020 instituted for the offences under Sections 341, 323, 354(B), 504, 379, 34 of the Indian Penal Code and Section 3(1)(r) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby their prayer for being released on anticipatory bail has been
Patna High Court CR. APP (SJ) No.182 of 2021(2) dt.27-10-2021 2/3
rejected.
It is alleged that when the informant went to
save her husband who was assaulted by the appellants and co-accused Rakesh Patel, it is alleged that coaccused Rakesh Patel torn her blouse and misbehaved with her. It is further alleged that he also snatched gold chain and mangal sutra of the informant.
Learned counsel for the appellants submits that
the allegation against the appellants is omnibus and general and the specific accusation is against Rakesh Patel. Moreover, the occurrence has not taken in public view. A statement has been made in para 3 of the petition that appellants have no criminal antecedent.
Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 21.09.2020.
The appellants, above named are directed to be released on bail in the event of his arrest or surrender within a period of four weeks from today and on their
Patna High Court CR. APP (SJ) No.182 of 2021(2) dt.27-10-2021 3/3
furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, SC/ST Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 390 of 2020.
(Sunil Kumar Panwar, J)
Shageer/-
U T
2 issues framed by the court
Whether the order rejecting anticipatory bail should be set aside given that specific accusers are Identified differently and allegations are general or omnibus.
Whether bail should be granted in the event of arrest or surrender within four weeks.
2 provisions across 2 enactments
Laxman Kumar @ Laxman Thakur and others
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
