This judgment allows an appeal against the refusal of anticipatory bail. The High Court held that no offence under the SC/ST (Prevention of Atrocities) Act is made out and accorded bail with conditions.
Impugned order set aside; Appellant released on anticipatory bail on bond of Rs.10,000 with two sureties subject to specified conditions.
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.1592 of 2023
Arising Out of PS. Case No.-11 Year-2023 Thana- NAANPUR District- Sitamarhi
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Satish Kumar @ Santosh Kumar Son Of Ravi Thakur Resident Of VillageBirar, Ps- Nanpur, Distt- Sitamarhi
... ... Appellant/s
... ... Respondent/s
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Appearance : For the Appellant/s : Mr.Santosh Kumar, Advocate For the Respondent/s : Mrs.Usha Kumari 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Despite of valid service of notice upon respondent No.2, no one appears on behalf of respondent No.2.
Patna High Court CR. APP (SJ) No.1592 of 2023(4) dt.13-10-2023 2/4
under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.1592 of 2023(4) dt.13-10-2023 3/4
(I) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. APP (SJ) No.1592 of 2023(4) dt.13-10-2023 4/4
and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the appellant tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the appellant and in case at any stage, it is found that the appellant has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the appellant. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
2 issues framed by the court
Whether the appeal for anticipatory bail under the SC/ST (Prevention of Atrocities) Act is to be allowed.
Whether an offence under the SC/ST Act is made out in the instant case.
2 provisions across 2 enactments
Satish Kumar @ Santosh Kumar
The State of Bihar
Nilam Devi
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
