The appellant appealed against the refusal of anticipatory bail in a case alleging cheque manipulation and caste-based abuse. The High Court rejected the bail plea, noting cognizance had already been taken, but allowed surrender for regular bail consideration.
Appellant granted liberty to surrender for regular bail consideration within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1098 of 2021
Arising Out of PS. Case No.-8 Year-2019 Thana- SC/ST District- Darbhanga
======================================================
MOHAMMAD ALI HASAN Son of Usman Kujra Resident of Village - Putai, P.S. - Manigachi, District - Darbhanga.
... ... Appellant/s
Versus
4 26-04-2023
| The State of Bihar. =============== |
==== | ... ... Respondent/ =================================== |
|---|---|---|
| Appearance : For the Appellant For the State For Com./Informant =============== |
: : : ==== |
Mr. Y.C. Verma, Senior Advocate Ms. Priyanka Singh, Advocate Mr. Sadanand Paswan, Special P.P. Mr. Kedar Jha, Advocate =================================== |
| CORAM: HONOU | RABL | E MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER |
... ... Respondent/s
Heard Mr. Y.C. Verma, learned Senior Counsel assisted by Ms. Priyanka Singh for the appellant, learned Special Public Prosecutor for the State as well as learned counsel appearing on behalf of the complainant/informant.
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 14.12.2020, passed by learned Additional Sessions Judge-Istcum-Special Judge, Darbhanga in connection with Darbhanga S.C./S.T. P.S. Case No.08 of 2019, registered under Sections 341, 467, 468, 471, 420, 406, 504, 506 of the Indian Penal Code and Sections 3 (i) (r) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.1098 of 2021(4) dt.26-04-2023 2/3
As per FIR, informant is Ward Member of Mahthaur Panchayat and appellant is Ward Secretary of the same ward. It is alleged that informant handed over a cheque of Rs.10,000/for work of Sat Nishchay Yojna in presence of witnesses. It is further alleged that the appellant manipulated zero in the cheque and withdrew Rs.1,10,000/- in his favour. It is further alleged that the appellant abused the informant by naming his caste.
Learned Senior Counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. It is submitted that the appellant has got one criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that no specific overt act is alleged against the appellant. Learned Senior Counsel for the appellant further submits that as a matter of fact, as per resolution of Ward Krinayan and Prabhand Samitee all the equipment for boarding was purchased from M/s Kumar and Brothers and his dues amount was Rs.1,10,135/- as per bill and the said cheque was issued by the said Samitee over which informant has signed as a President and this appellant as a Secretary.
Learned Special P.P. for the State as well as learned counsel for the complainant/informant opposed the prayer for
Patna High Court CR. APP (SJ) No.1098 of 2021(4) dt.26-04-2023 3/3
grant of anticipatory bail to the appellant and submitted that cognizance has already been taken against the appellant, therefore, the appeal is not maintainable. Learned counsel for the complainant/informant relies upon the judgment of the Hon’ble Supreme Court passed in the case of Bachu Das Vs. State of Bihar and others, reported in (2014) 3 SCC 471.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the appellant on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the appellant is hereby rejected.
The appeal is dismissed.
However, if appellant surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the appellant preferably on the same day without being prejudiced by this order of rejection.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the appellant is entitled to an order of anticipatory bail in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Colour shows how this judgement treated each authority
Bachu Das Vs. State of Bihar and othersReferred¶17
Bachu Das Vs. State of Bihar and others, (2014) 3 SCC 471 · Who else cites this
3 provisions across 2 enactments
Mohammad Ali Hasan
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
