Allowed

Sadanand Mehta v. The State of Bihar

Patna HC11 Jan 2023CR. APP (SJ)/1600/2022

Case brief

AI extract

What is this about?

Seven appellants challenged refusal of anticipatory bail in a SC/ST Act case involving alleged abuse by caste name, assault and house demolition with a J.C.B. The High Court noted specific overt acts but accepted the counter-blast character of the FIR and enlarged them on conditional bail.

What did the court decide?

Appellants to be enlarged on anticipatory bail on surrender within six weeks, on Rs.25,000 bond each with two sureties, subject to Section 438(2) Cr.P.C. conditions; impugned order set aside.

Sadanand Mehta Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1600 of 2022

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Arising Out of PS. Case No.-184 Year-2022 Thana- KHAJANCHI HAT District- Purnia

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

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SADANAND MEHTA S/o Late Nandlal Mehta R/o village- Kawaiya, P.S.K.Hat, Maranga, District- Purnea

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Sanjay Mehta S/o Late Kapileshwar Mehta R/o village- Kawaiya, P.S.K.Hat, Maranga, District- Purnea

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Ajit Mehta S/o Sadanand Mehta R/o village- Kawaiya, P.S.- K.Hat, Maranga, District- Purnea

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Niraj Kumar Mehta @ Bhuta S/o Late Kapileshwar Mehta R/o villageKawaiya, P.S.- K.Hat, Maranga, District- Purnea

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Ankit Kumar S/o Sanjay Mehta R/o village- Kawaiya, P.S.- K.Hat, Maranga, District- Purnea

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Abhiraj Kumar S/o Sanjay Mehta R/o village- Kawaiya, P.S.- K.Hat, Maranga, District- Purnea

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Raushan Mehta S/o Sunil Mehta R/o village- Kawaiya, P.S.- K.Hat, Maranga, District- Purnea

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... ... Appellant/s

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Versus

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The State of Bihar

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Saroj Devi W/o Raju Rishi R/o village- Kawaiya, P.S.- K.Hat, Maranga, District- Purnea

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Vijay Shankar Shrivastava, Adv. For the Respondent/s : Mr.Binay Krishna, Spl.PP. Mr. Ashutosh Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 11-01-2023 Heard the parties.

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Learned counsel for the appellants undertakes to remove

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the defects within four weeks.

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Notice has been validly served and Respondent No. 2

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appeared through Vakalatnama.

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

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Patna High Court CR. APP (SJ) No.1600 of 2022(3) dt.11-01-2023 2/3

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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 11.04.2022 passed by learned 1^st Additional Sessions Judge cum Special Judge (SC/ST Act), Purnea in connection with K.Hat, Maranga P.S. Case No. 184 of 2022 registered under Sections 147, 149, 341, 323, 354, 427, 504, 506 of the Indian Penal Code and Section 3(1) (r) (s)/3 (z) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Allegedly, all accused persons along with appellants armed with weapons and a yellow color J.C.B came to informant’s house and started abusing her by taking her caste name. They assaulted the informant and broken the house with J.C.B.

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It is submitted by learned counsel for the appellants that the appellants are quite innocent and have committed no offence. They have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics and land dispute. There is case and counter case between the parties. This present case is counter blast of K. Hat. Maranga P.S. Case No. 183 of 2022 dated 24.02.2022, which was instituted against informant’s husband. Appellants have no

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Patna High Court CR. APP (SJ) No.1600 of 2022(3) dt.11-01-2023 3/3

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criminal antecedent as mentioned in para-3 of memo of appeal.

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Learned Spl. P.P for the State and counsel for the respondent No.2 opposed the prayer for bail.

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In the facts and circumstances of the case, although there is specific overt act against the appellants that they abused the informant by taking her caste name but considering the fact that this case is counter blast of K.Hat. Maranga P.S. Case No. 183 of 2022, 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 two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge (SC/ST Act), Purnea in connection with K.Hat., Maranga P.S Case No. 184 of 2022, 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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divyanshi/-

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U T

Sadanand Mehta v. The State of Bihar

Case brief

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Sadanand Mehta v. The State of Bihar

Case brief

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