In this criminal appeal against the rejection of bail, the Single Judge of the Patna High Court allowed the appeal and enlarged the appellants on bail, directing them to furnish a bond with sureties.
The appellants were directed to be enlarged on bail upon furnishing a bond of Rs. 10,000 each with two sureties.
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.379 of 2023
Arising Out of PS. Case No.-136 Year-2016 Thana- BASANTPUR District- Siwan
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... ... Appellant/s
... ... Respondent/s
======================================================
Appearance : For the Appellant/s : Mr. Sanjeev Kumar, Mr. Satyendra Rai For the Respondent/s : Mr.Sadanand Paswan For the Informant Mr. Vijay Prakash Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Heard learned counsel for the appellants, learned
counsel for the informant and learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellants against the order dated 2.1.2023 passed by learned Additional Sessions Judge I-cum-Special Court, Siwan in Special Case No. 131 of 2018 whereby the prayer for bail of the appellants in connection with Basantpur P.S. Case No. 136 of 2016 under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and sections 3(2)Vof SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.379 of 2023(3) dt.06-07-2023 2/3
Allegations against the appellants are of killing the informant’s husband by fire shot. It is further alleged that accused persons including the appellants were threatening to kill the informant and his family in case of non-withdrawal of the said case.
It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. After investigation, police has submitted final form against the petitioner and he has not been sent up for trial but after finding the prima-facie case true, learned Special Court took cognizance against the appellants differing the opinion from the final form submitted by the police. No offence is made out under the provisions of the SC/ST Act against them. The appellants have not taken the caste name of the informant in public view and they had no intention to disgrace his image. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 08.12.2022 passed in Cr. Appeal (SJ) No. 2445 of 2022. Both the appellants are languishing in judicial custody since 2.01.2023.
The appeal for bail is opposed by learned Spl. P.P. for
the State.
Patna High Court CR. APP (SJ) No.379 of 2023(3) dt.06-07-2023 3/3
Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 2.1.2023 passed in Special Case No. 131 of 2018 is hereby set aside.
The appellants are directed to be enlarged on bail in connection with Basantpur P.S. Case No. 136 of 2016 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Court, Siwan.
(Sunil Kumar Panwar, J)
sushma/-
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2 issues framed by the court
Whether the protest petitioners against the order rejecting bail, the incidental case, should be allowed to move the bail petition.
Whether the allegations made against the accused were false or prima facie true, and if they had any intention to disgrace the informant's image.
4 provisions across 4 enactments
Rajeev Kumar @ Sanjay Singh
Mannu Singh @ Abhimanyu Singh
The State of Bihar
Rajawati Devi
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
