Allowed

Ganesh Kewat v. the State of Bihar

Patna HC21 Sept 2022CR. APP (SJ)/359/2022

Case brief

AI extract

What is this about?

This appeal against the refusal of anticipatory bail by the Sessions Court was allowed. The High Court set aside the impugned order and granted bail to the appellants subject to furnishing sureties and complying with statutory conditions.

What did the court decide?

Anticipatory bail granted subject to furnishing bail bonds of Rs. 5,000/- by each appellant with two sureties of the like amount.

Ganesh Kewat Vs the State of Bihar — Caste Atrocities | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.359 of 2022

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Arising Out of PS. Case No.-24 Year-2020 Thana- SC/ST District- Sheikhpura

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

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GANESH KEWAT S/o Late Lutan Kewat

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Mahadeo Keat S/o Bangali Kewat

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Mukesh Kewat S/o Bangali Kewat

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Bishun Kewat @ Bisho Kewat S/o Ramjee Kewat

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Dinesh Kewat S/o Ramjee Kewat

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Amirak Kewat @ Amrik Keat @ Amrik Kumar @ Amirak Kumar S/o Late Lutan Kewat

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Ravi Sao @ Ravi Kumar S/o Bisho Sao All are R/o village - Lahna, P.S.- Karandey, District- Sheikhpura

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance :

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For the Appellant/s : Mr. Pankaj Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P.

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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2 21-09-2022

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Learned counsel for the appellants seeks permission

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to make rectification in the cause title of the appellants in course of the day.

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Permission is accorded.

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Heard learned counsel for the parties.

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This is an appeal under Section 14-A(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 05.01.2022 in A.B.P. No. 07 of 2022 passed by the

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Patna High Court CR. APP (SJ) No.359 of 2022(2) dt.21-09-2022 2/3

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learned 1^st Additional Sessions Judge, Sheikhpura in connection with SC/ST Case No. 45 of 2020 arisnig out of Sheikhpura SC/ST P.S. Case No. 24 of 2020 registered under Sections 147, 149, 341, 323, 504 and 506 of the Indian Penal Code as well as Sections 3(1)(r)(s)/3(2)(va) of the SC/ST Act.

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Learned counsel for the appellants submits that appellants no. 1 and 4 to 7 are persons with clean antecedent and appellant no. 2 and 3 have antecedent of one case.

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The informant alleges that on 07.06.2020, at about 06:00 p.m., in the evening when he was digging his pond allotted by the Fisheries Department, Sheikhpura, all the accused persons including the appellants came at the pond and started abusing and assaulting him and his son Manohar Paswan which was opposed by the informant on which Amirak Kewat and Ganesh Kewat abused the informant by calling his caste name and Ravi Sao tried to strangulate the informant by tying towel around his neck and also abused by taking his caste name. On alarm villagers came and the accused persons fled away.

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Learned counsel for the appellants submits that appellants have been falsely implicated in the present case and from bare perusal of the allegation as alleged in the FIR, it would manifest that prima facie no offence under the SC/ST Act is made out as the informant does not disclose that as to what

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Patna High Court CR. APP (SJ) No.359 of 2022(2) dt.21-09-2022 3/3

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abuse were hurled upon him and his son. It is further submitted that the informant by way of afterthought has implicated the innocent appellants as the date of occurrence is 07.06.2020 and the FIR has been instituted on 13.06.2020.

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Learned Special Public Prosecutor opposed the prayer for anticipatory bail.

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Considering the submissions made by the learned counsel for the appellants, let the appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Accordingly, the impugned order is set aside and this appeal stands allowed.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Ganesh Kewat v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ganesh Kewat v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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