Allowed

Rajesh Mahto @ Rajesh Kumar v. The State of Bihar

Patna HC2 Aug 2022CR. APP (SJ)/506/2022

Case brief

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What is this about?

The High Court of Patna allowed an appeal challenging a lower court's refusal of anticipatory bail, holding that the impugned order should be set aside and bail granted subject to conditions and periods specified.

What did the court decide?

The impugned order refusing bail is set aside; the appellant is released on bail subject to conditions, including appearance within six weeks and execution of a bail bond of Rs. 25,000/- with two sure

Rajesh Mahto @ Rajesh Kumar Vs The State… — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.506 of 2022

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Arising Out of PS. Case No.-150 Year-2020 Thana- PUNAURA District- Sitamarhi

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====================================================== RAJESH MAHTO @ RAJESH KUMAR SON OF RAJ NARAYAN MAHTO R/O VILLAGE- BHORAHA, WARD NO.13, P.S.- RIGA, DISTRICTSITAMARHI

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Devendra Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 02-08-2022

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 23.11.2021 passed by learned 1^st Additional Sessions Judge cum Special Judge (SC/ST Act), Sitamarhi in

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Patna High Court CR. APP (SJ) No.506 of 2022(4) dt.02-08-2022 2/3

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connection with Punaura P.S. Case No. 150 of 2020 registered under Sections 147, 148, 149, 188, 341, 342, 353, 323, 307, 332, 333, 279, 270 & 504 of the Indian Penal Code and Section 3(1) (r) (s) 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Allegedly, the appellant along with other accused persons are said to have assaulted the informant’s side by means of several weapons and abused him by taking caste name. It is further alleged that the appellant and other co-accused persons started pelting stones in which the informant’s side got injured and their vehicle was also damaged.

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It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in the case due to dirty village politics and biased intention. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. Appellant has no criminal antecedent. Similarly situated coaccused have been granted bail by this Court and a co-ordinate Bench of this Court.

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Learned Spl. PP for the State opposed the prayer

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for bail.

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In the facts and circumstances of the case, the

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Patna High Court CR. APP (SJ) No.506 of 2022(4) dt.02-08-2022 3/3

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above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum Special Judge (SC/ST Act), Sitamarhi in connection with Punaura P.S. Case No.150 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Rajesh Mahto @ Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rajesh Mahto @ Rajesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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