This appeal against the refusal of anticipatory bail was allowed. The High Court granted bail to the appellants subject to furnishing bonds and sureties within six weeks, setting aside the impugned order.
Reversed the order refusing anticipatory bail; granted bail subject to furnishing bonds and surrendering within six weeks.
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.2890 of 2022
Arising Out of PS. Case No.-150 Year-2022 Thana- ARIYARI District- Sheikhpura
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... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Bijendra Kumar For the Respondent/s : Mr.Yogendra Kumar Singh For Res. No.2 : Mr. Birendra Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
Heard learned counsel for the appellants and learned Special Public Prosecutor for the State and learned Counsel respondent No. 2
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’) against the refusal of prayer of anticipatory bail vide order dated 29.07.2022, passed by learned Additional District and Sessions
Patna High Court CR. APP (SJ) No.2890 of 2022(5) dt.12-01-2023 2/3
Judge, 1st , Sheikhpura in connection with Ariari (Kasar) P.S. Case No.150 of 2022 (SC/ST Case No.53 of 2022), registered under Sections 147, 148, 149, 341, 323, 325, 307, 354(B), 448, 427, 379, 504, 506 of the Indian Penal Code and Sections 3(1) (r)(s)(w)(i)/3(2)(va)of the SC/ST Act.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. It is submitted that the appellants have got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that there is general and omnibus allegation against the appellants. It is submitted that there is case and counter case between the parties and both sides sustained injuries. It is further submitted that from perusal of the injury report enclosed with the case diary, it is clear that injuries are simple in nature. It is submitted that the appellants are said to have abused the informant and his family members by naming his caste, but occurrence took place inside the house and not in public view, therefore, no case is made out under the provisions of SC/ST Act.
Learned Special P.P. for the State and learned counsel for the respondent No. 2 opposed the prayer for anticipatory bail of the appellants.
Patna High Court CR. APP (SJ) No.2890 of 2022(5) dt.12-01-2023 3/3
Having considered the facts aforesaid, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 1st , Sheikhpura in connection with Ariari (Kasar) P.S. Case No.150 of 2022 (SC/ST Case No.53 of 2022), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Accordingly, the impugned order is set aside and this appeal is allowed.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the appellants are entitled to release on bail in an appeal against the refusal of anticipatory bail under the SC/ST Act.
2 provisions across 2 enactments
Ravindra Kumar and others
The State of Bihar
Vikash Kumar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
