Allowed

Amit Kumar @ Amit Sharma @ Guddu Sharma v. The State of Bihar

Patna HC26 Jul 2023CR. APP (SJ)/288/2023

Case brief

AI extract

What is this about?

In this criminal appeal, the Patna High Court allowed the appeal against the rejection of anticipatory bail, setting aside the impugned order and directing that the appellant be enlarged on bail within eight weeks upon furnishing a bond and sureties.

What did the court decide?

The appellant be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount within eight weeks.

Amit Kumar @ Amit Sharma @ Guddu Sharma 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.288 of 2023

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Arising Out of PS. Case No.-505 Year-2022 Thana- KONCH District- Gaya

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

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AMIT KUMAR @ AMIT SHARMA @ GUDDU SHARMA S/O UPENDRA SHARMA R/v- Badgaon, P.S.- Konch, District- Gaya

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... ... Appellant/s

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Versus

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The State of Bihar.

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LALAN MANJHI S/O BAL GOVIND MANJHI R/v- Badgaon, P.S.Konch, District- Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ranjeet Patel, Adv. For the Respondent/s : Mr.Binay Krishna, SPP For the Informant : Mr. Shaliesh Kumar, Advocate Mr. Shahbaj Alam, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 26-07-2023 Heard learned counsel for the parties.

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This appeal has been filed for setting aside order dated 20.12.2022, passed in a case registered for the offence punishable under sections 341, 323, 379, 504, 506/34 and other allied sections of the Indian Penal Code and 27 Arms Act and sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected.

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It is alleged that while the informant was going to the house of Ramesh Mistri meanwhile all the accused persons including this petitioner abused him by caste name and also assaulted him with fists and slaps and snatched golden chain of

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Patna High Court CR. APP (SJ) No.288 of 2023(3) dt.26-07-2023 2/2

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Rs. 2,000/-. It is further alleged that one co-accused Gautam Kumar shot firearm.

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It is submitted that allegation of assault is general and omnibus against the appellant and no specific overt act has been alleged against him. Insult caused to the respondent no.2 is not based on the caste, as such, no case under SC/ST Act is made out. Appellant claims clean antecedent.

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Counsel for the parties oppose the prayer for bail. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive SPL Judge SC/ST, Gaya, in connection with Konch Police Station Case No. 505 of 2022.

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(Prabhat Kumar Singh, J)

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Kaushik/-

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U T

Amit Kumar @ Amit Sharma @ Guddu Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amit Kumar @ Amit Sharma @ Guddu Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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