The High Court of Patna allowed an appeal against the rejection of anticipatory bail. The appellant challenged an order granting no bail for assault, theft, and SC/ST violations.
The impugned order dated 11.05.2022 is set aside; appellant enlarged on bail bond of Rs. 25,000/- within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1912 of 2022
Arising Out of PS. Case No.-21 Year-2021 Thana- SC/ST District- Siwan
======================================================
DHARMENDRA SINGH S/o Late Krishna Singh Resident of VillageBarauli, P.s.- Andar, Dist- Siwan.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Kumari Anupam For the Respondent/s : Ms.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 14-12-2022
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
Notice is validly served upon the respondent no.2 but nobody appeared on his behalf.
The present memo of appeal has been filed on behalf of the appellant for grant of anticipatory bail against the order dated 11.05.2022 passed by learned 1st Additional District and Sessions Judge 1st cum Special Judge, Siwan in connection with SC/ST P.S. Case No. 21/2021 under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and under Section 3(i)(r)(s), 3(2)(va) of SC/ST Act, whereby the prayer for anticipatory bail of the applicant was rejected.
As per the prosecution case, the petitioner along with
Patna High Court CR. APP (SJ) No.1912 of 2022(3) dt.14-12-2022 2/2
other co-accused persons assaulted on the chest of the informant due to which he injured badly and snatched Rs.13,000/- from the pocket of the informant.
It is submitted on behalf of the appellant there is general and omnibus allegation. No specific overt act has been alleged against this appellant. There is specific overt act against the coaccused Dhirendra Singh. No case under SC/ST Act is made out, as there is no allegation of abuse by caste name. Appellant has got clean antecedent.
Learned Spl. PP for the State opposed the prayer for bail. Considering the aforesaid facts, this appeal is allowed. The impugned order dated 11.05.2022 passed by the learned 1st Addl. District and Sessions Judge, Siwan, is set aside.
Let the appellant above-named, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District and Sessions Judge, Siwan in connection with Siwan P.S. Case no. 21/2021.
(Anjani Kumar Sharan, J)
ajay/-
2 issues framed by the court
Whether anticipatory bail should be allowed to the applicant who is accused of assault and theft under SC/ST Act and IPC charges.
Whether the rejection of anticipatory bail by the lower court should be set aside.
2 provisions across 2 enactments
Dharmendra Singh
The State of Bihar
Banaras Ram
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
