Allowed

Mahavir Sao @ Mahavir Kumar v. The State of Bihar

Patna HC2 Nov 2023CR. APP (SJ)/2194/2023

Case brief

AI extract

What is this about?

Justice Sunil Kumar Panwar allowed the criminal appeal against the rejection of bail under the SC/ST Act and IPC. The court set aside the prior order and directed the appellant's enlargement on bail, citing general and omnibus allegations against him.

What did the court decide?

Impugned order dated 22.03.2023 set aside; appellant directed to be enlarged on bail with Rs. 10,000 bond and two sureties.

Mahavir Sao @ Mahavir 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.2194 of 2023

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Arising Out of PS. Case No.-264 Year-2022 Thana- FATUA District- Patna

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

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Mahavir Sao @ Mahavir Kumar Son Of Ram Jatan Sao @ Ram Yatan Sao Naya Tola Hariyapur Ps- Fatuha Dist- Patna

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... ... Appellant/s

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Versus

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The State of Bihar

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Sahlesh kumar son of Dharmendra Kumar paswan R/O of village-Dariapur naya tola, Fatuha, P.S- fatuha, District-patna

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Dhirendra Kumar Sinha For the Respondent/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 02-11-2023

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Heard learned counsel for the appellant, learned

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Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellant against the order dated 22.03.2023 passed by learned Special Judge, SC/ST Act, Patna whereby the prayer for bail of the appellant in connection with Fatuha P.S. Case no. 264 of 2022 under Sections 341, 323, 325, 504, 506 and 34 of the Indian Penal Code and sections 3(1) (r) 2(v)a of SC/ST Act was rejected.

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Allegation against the appellant along with other co-accused persons is that they assaulted the informant and

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Patna High Court CR. APP (SJ) No.2194 of 2023(4) dt.02-11-2023 2/3

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also abused him by taking his caste name.

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It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to village politics and land dispute. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. Nothing specific allegation of assault against the appellant rather general and omnibus allegation has been levelled against all the accused persons including this appellant. Moreover, he is languishing in judicial custody since 11.02.2023.

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The appeal for bail is opposed by learned Spl. P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 22.03.2023 is hereby set aside.

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The appellant is directed to be enlarged on bail in connection with Fatuha P.S. Case No. 264 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. APP (SJ) No.2194 of 2023(4) dt.02-11-2023 3/3

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the learned Special Judge, SC/ST Act, Patna.

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(Sunil Kumar Panwar, J)

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Shubham/- U T

Mahavir Sao @ Mahavir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahavir Sao @ Mahavir Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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