Allowed

Sunil Prasad v. The State of Bihar

Patna HC1 Sept 2022CR. APP (SJ)/287/2022

Case brief

AI extract

What is this about?

In a criminal appeal arising from a case involving sections 147, 148, 341, 323, 504, 506, 379, 354, and 337 of the IPC and section 3(1)(r) of the SC/ST Act, the Patna High Court allowed the appeal against the rejection of the appellants' anticipatory bail prayer.

What did the court decide?

Release of appellants on bail upon furnishing bonds of Rs. 10,000 each with two sureties of the like amount within four weeks.

Sunil Prasad Vs The State of Bihar — Caste Atrocities | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2587 of 2022

¶2

Arising Out of PS. Case No.-196 Year-2019 Thana- NAANPUR District- Sitamarhi

¶3

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

¶4

1. Ramlala Mahto S/O Late Vilash Mahto Residen Of Village- Soraiya, P.S.Nanpur, District- Sitamarhi.

¶5

Madan Mahto S/O Raj Karan Mahto Resident Of Village- Sauriya, Pnachyal, Radhi, P.S.- Jale, District- Darbhanga.

¶6

Ram Prabodh Mahto @ Pramod Mahto S/O Late Ram Bhadur Mahto Resident Of Village- Sauriya, Panchayal, Radhi, P.S.- Jale, DistrictDarbhanga.

¶7

Jay Krishan Mahto S/O Kanhai Mahto Resident Of Village- Soraiya, P.S.Nanpur, District- Sitamarhi.

¶8

Shushil Mahto S/O Birandra Mahto Resident Of Village- Sauriya Panchayal, Radhi, P.S.- Jale, District- Darbhanga

¶9

Ram Ratan Mahto @ Ratan Mahto S/O Chhotu Mahto Resident Of VillageSoraiya, P.S.- Nanpur, District- Sitamarhi.

¶10

Shiv Prasad @ Shiv Prasad Mahto S/O Chhotu Mahto Resident Of VillageSoraiya, P.S.- Nanpur, District- Sitamarhi

¶11

Shatrudhan Mahto S/O Late Shachin Mahto Resident Of Village- Sauriya, Panchayal, Radhi, P.S.- Jale, District- Darbhanga.

¶12

Mohan Mahto S/O Shanichar Mahto Resident Of Village- Sauriya Panchayal, Radhi, P.S.- Jale, District- Darbhanga. 10. Mahendra Mahto S/O Late Lalkesh Mahto Resdient Of Village- Sauriya, Panchayal, Radhi, P.S.- Jale, District- Darbhanga. ... ... Appellant/s Versus 1. The State Of Bihar 2. Pachchu Manjhi S/O Bhola Manjhi Resident Of Village- Chakauti, TolaMushahri, Sauriya, Ward No.- 1, P.S.- Nanpur, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Raja Ram Rai For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

¶13

Heard learned counsel for the appellants and

¶14

2 01-09-2022

¶15

Patna High Court CR. APP (SJ) No.2587 of 2022(2) dt.01-09-2022 2/4

¶16

learned Special P.P for the State.

¶17

The appellants have challenged the order dated

¶18

26.04.2022 passed by learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Sitamarhi in connection with Nanpur P.S. Case No. 196 of 2019 appeal instituted for the offences punishable under Sections 147, 148, 341, 323, 504, 506, 379, 354, 337 of the Indian Penal Code and Section 3(1)(r) of the SC & ST (Prevention of Atrocities) Act, whereby their prayer for being released on anticipatory bail has been rejected.

¶19

All the appellants along with 200 co-accused are said to have attacked on the village of specific caste and they looted the house hold articles, box, jewellaries, cloths etc and killed one person.

¶20

It is submitted by learned counsel for the appellants that appellants have falsely been implicated in this case due to village politics. The appellants have no concern with the aforesaid occurrence. The allegation of assault levelled against the appellants is not specific

¶21

Patna High Court CR. APP (SJ) No.2587 of 2022(2) dt.01-09-2022 3/4

¶22

rather general and omnibus in nature. As per F.I.R, the occurrence took place in the house of the informant, not in public view. Hence, the provisions under SC/ST Act would not be applicable in the case of the appellants. A statement has been made in para 3 of the petition that appellants have no criminal antecedent.

¶23

Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 26.04.2022 passed by 1^st Additional Sessions Judgecum-Special Judge, SC/ST Act, Sitamarhi in connection with Nanpur P.S. Case No. 196 of 2019.

¶24

Accordingly, this appeal is allowed.

¶25

The appellants, above named, are directed to

¶26

be released on bail in the event of their arrest or surrender within a period of four weeks from today and

¶27

on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Sitamarhi in

¶28

Patna High Court CR. APP (SJ) No.2587 of 2022(2) dt.01-09-2022 4/4

¶29

connection with Nanpur P.S. Case No. 196 of 2019.

¶30

(Sunil Kumar Panwar, J)

¶31

Shageer/-

¶32

U T

Sunil Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sukat Mahto @ Sukat Noniya Vs the State of Bihar

Siyasharan Yadav @ Siyasharan Kumar Vs the State of Bihar

Kundan Pandit Vs The State of Bihar

Sachin Kumar @ Sachin Kumar Sharma Vs The State of Bihar

Md. Mukhtar Vs the State of Bihar

Golu Mishra @ Amrit Kumar Vs The State of Bihar