The Patna High Court allowed an appeal challenging the refusal of bail in an SC/ST atrocities case, granting bail to appellants upon furnishing a bond within six weeks of arrest or surrender.
The appeal was allowed; the appellants were enlarged on bail upon furnishing a bond of Rs. 25,000 each with two sureties within six weeks of arrest or surrender.
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.629 of 2022
Arising Out of PS. Case No.-34 Year-2021 Thana- SC/ST District- Sheikhpura
======================================================
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Pankaj Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Appellants undertake to remove the defects, if any, within three weeks.
This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.629 of 2022(3) dt.14-12-2022 2/3
(hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for bail vide order dated 22.10.2021, passed by learned 1st Additional District and Sessions Judge, Sheikhpura in connection with SC/ST case No. 48 of 2021 arising out of Sheikhpura SC/ST P.S. Case No. 34 of 2021, registered under Sections 147, 149, 347, 341, 323, 504, 506 of the IPC and Sections 3(i) (r) (s), 3(2) (va) of SC/ST Act and Section 27 of the Arms Act.
It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the appellants to abuse the informant by taking caste name, therefore, no offence under SC/ST Act is made out against the appellants. He submits that there is case and counter case between the parties and both sides have sustained injury. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal.
Considering the facts and circumstances of the case, let the above named appellants in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with
Patna High Court CR. APP (SJ) No.629 of 2022(3) dt.14-12-2022 3/3
two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Sheikhpura in connection with SC/ST case No. 48 of 2021 arising out of Sheikhpura SC/ST P.S. Case No. 34 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether to allow an appeal against the refusal of bail in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2 provisions across 2 enactments
Anil Mahto and others
The State Of Bihar
Chhotelal Chaudhary
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
