Allowed

Bharat Singh @ Bharat Kumar v. the State of Bihar

Patna HC4 May 2023CR. APP (SJ)/1978/2021

Case brief

AI extract

What is this about?

Appeal against rejection of anticipatory bail in a case under IPC and SC/ST (Prevention of Atrocities) Act sections. Court noted alleged compromise between parties and bail to a similarly situated co-accused, and granted anticipatory bail subject to CrPC Section 438(2) conditions.

What did the court decide?

Appellant granted anticipatory bail: Rs.10,000 bond with two like sureties on arrest/surrender within four weeks, subject to Section 438(2) CrPC; impugned order set aside.

Bharat Singh @ Bharat Kumar 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.1978 of 2021

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Arising Out of PS. Case No.-66 Year-2018 Thana- MARANCHI District- Patna

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

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BHARAT SINGH @ BHARAT KUMAR Son of Sri Mani Singh Resident of Village - jalapur, P.S. - Maranchi, District - Patna.

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR 2. Rajesh Tanti Kailash Tanti R/O Village and Post-Nauranga,P.SMaranchi(Panchmahal O.P),District-Patna

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Shashank Shekhar, Adv. For the State : Mr. Binay Krishna, Spl.P.P. For the Informant : Mr. Ravindra Kumar Sinha, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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3 04-05-2023 Learned counsel for the appellant is directed to remove the defect(s) as pointed out by the office.

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

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This appeal has been preferred against the order dated 01.02.2021 passed by learned Additional District & Sessions Judge-III-cum-Special Judge, SC/ST (POA) Act, Patna in A.B.P. No. 854 of 2021 arising out of Maranchi P.S. Case No. 66 of 2018 registered under Sections 147, 148, 149, 452, 341, 323, 504, 506 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellant has been rejected.

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Learned counsel for the appellant submits that the

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Patna High Court CR. APP (SJ) No.1978 of 2021(3) dt.04-05-2023 2/2

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appellant is innocent and has falsely been implicated in the present case. Further submission is that both the parties have compromised the present case, as contained in the Annexure-2 to the bail petition. It is also submitted that similarly situated coconvict has already been granted bail by a co-ordinate Bench of this Court vide order dated 18.10.2019 passed in Cr. APP. (SJ) No. 4473 of 2019 (Annexure-3).

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Considering the aforesaid facts, let the appellant, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-III-cum-Special Judge, SC/ST (POA) Act, Patna in connection with Maranchi P.S. Case No. 66 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

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(Arvind Srivastava, J)

Bharat Singh @ Bharat Kumar v. the State of Bihar

Case brief

What is this about?

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Bharat Singh @ Bharat Kumar v. the State of Bihar

Case brief

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What did the court decide?

What the court decided

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