Allowed

Awadhesh Mahto v. The State of Bihar

Patna HC1 Sept 2023CR. APP (SJ)/322/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal to set aside an order rejecting an antecedent application for anticipatory bail. The court directed the appellants to surrender within eight weeks to be released on bail by furnishing a bond and sureties before the Special Judge.

What did the court decide?

Impugned order setting aside anticipatory bail rejected; appellants directed to surrender within eight weeks and be enlarged on bail on furnishing bond of Rs. 10,000 each with two sureties.

Awadhesh Mahto 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.322 of 2023

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Arising Out of PS. Case No.-81 Year-2022 Thana- ALIPUR District- Gaya

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

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AWADHESH MAHTO SON OF SADHU MAHTO R/O VILLAETHANAPUR, P.S.- ALIPUR, DISTRICT- GAYA

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UJJAWAL MAHTO @ UJJAWAL KUMAR SON OF SHRIKANT MAHTO R/O VILLAE- THANAPUR, P.S.- ALIPUR, DISTRICT- GAYA

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RAKESH MAHTO @ RAKESH KUMAR SON OF AWADHESH MAHTO R/O VILLAE- THANAPUR, P.S.- ALIPUR, 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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PHULENDRA DAS SON OF RAM PRAVESH DAS R/O VILLAETHANAPUR, P.S.- ALIPUR, DISTRICT- GAYA

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Shailesh Kumar , Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 01-09-2023 1. Despite valid service of notice nobody appears on behalf of the respondent No . 2.

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Heard learned counsel for the parties.

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This appeal has been filed for setting aside order dated 27.08.2022, passed in a case registered for the offence punishable under sections 147, 149,448 , 341, 342, 323, 325 ,

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Patna High Court CR. APP (SJ) No.322 of 2023(3) dt.01-09-2023 2/3

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307, 354, 379 and 506 of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

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On the alleged date and time of occurrence , al the F.I.R., named accused persons including these appellants entered in the house of the informant and assaulted the informant and family members in which they sustained injury .

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It is submitted that allegation of assault is general and omnibus against these appellants and no specific overt act has been alleged against them. There is no allegation of abuse by caste name , as such, no case under SC/ST Act is made out. Appellants claim clean antecedent.

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Counsel for the parties oppose the prayer for bail.

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Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, 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) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/St, Gaya, in connection with Alipur Police Station

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Patna High Court CR. APP (SJ) No.322 of 2023(3) dt.01-09-2023 3/3

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Case No. 81 of 2022 .

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(Prabhat Kumar Singh, J)

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Kaushik/-

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U T

Awadhesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Awadhesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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