A criminal appeal under the SC/ST Act against the refusal of anticipatory bail. The High Court allowed the appeal, set aside the impugned order, and directed the release of appellants on bail upon surrender within six weeks.
Release of appellants on bail upon surrender within six weeks, subject to furnishing bonds with 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.2371 of 2021
Arising Out of PS. Case No.-197 Year-2020 Thana- ATRI District- Gaya
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Versus
... ... Respondent/s
====================================================== Appearance : For the Appellants : Mr. Tabish Sharfuddin, Advocate For the State : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Patna High Court CR. APP (SJ) No.2371 of 2021(4) dt.17-10-2022 2/4
the bail petition, Sheru Ansari has not been mentioned, which fact may be verified from the first paragraph of the impugned order.
In view of the fact aforesaid, let the name of appellant no.4 be read as Israfial Ansari @ Md. Israfial Ansari @ Bheru Ansari @ Sheru Ansari.
By order dated 25.04.2022, notice was issued to respondent no.2. Learned counsel for the appellants has filed supplementary affidavit dated 10.10.2022 stating therein that the notice was received by son of respondent no.2 and they are living together in the same house.
In view of the fact aforesaid, the notice issued upon respondent no.2 is treated to be validly served.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’) against the refusal of prayer of anticipatory bail vide order dated 16.09.2020, passed by learned Court of Special Judge (S.C./S.T. Act), Gaya in connection with Atri P.S. Case No.197 of 2020, registered under Sections 147, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code and Sections 3 (1) (r) (s) and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.2371 of 2021(4) dt.17-10-2022 3/4
The appellants are said to have abused and assaulted the informant and his son by means of lathi causing injuries to them.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. It is further submitted that the appellants have got no criminal antecedent as stated in paragraph-3 of the memo of appeal. There is general and omnibus allegation against the appellants. It is submitted that there is nothing on record to show that the appellants abused the informant by naming his caste.
Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellants.
Having considered the fact that there is general and omnibus allegation against the appellants, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Special Judge (SC/ST Act), Gaya in connection with Atri P.S. Case No.197 of 2020, subject to the conditions as laid down under Section
Patna High Court CR. APP (SJ) No.2371 of 2021(4) dt.17-10-2022 4/4
438(2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this
appeal is allowed.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
1 issue framed by the court
Whether the appeal against the refusal of anticipatory bail should be allowed.
4 provisions across 3 enactments
Jahangir Ansari
Raju Ansari
Manjila Ansari
Israfial Ansari
Samul Ansari
Rustam Ansari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
