An appeal arose against the Special Judge's dismissal of an anticipatory bail application in an SC/ST atrocity case. The High Court noted the Special Judge had already granted bail subject to surrender. The Court set aside the refusal order, allowing the appeal.
The impugned order refusing anticipatory bail was set aside and this appeal was allowed.
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.507 of 2022
Arising Out of PS. Case No.-343 Year-2021 Thana- BETTIAH CITY District- West Champaran
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... ... Appellant/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Binay Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
In view of order dated 26.07.2022, notice was issued upon respondent no.2 but as per office notes, respondent no.2 refused to accept the notice.
Accordingly, notice is hereby considered to be validly
Patna High Court CR. APP (SJ) No.507 of 2022(3) dt.04-01-2023 2/3
served and that despite valid service of notice, nobody appears on behalf of respondent no.2.
This is an appeal under section 14(A) 2 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for anticipatory bail vide order dated 08.10.2021, passed by learned 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST, West Champaran at Bettiah, in connection with Bettiah Town (Bettiah Nagar) P.S. Case No.343 of 2021, registered u/s 323, 341, 504, 506, 324, 354, 307, 379/34 of the IPC and sections 3(i)(r)(w) (2) (v-a) of the SC/ST Act.
Allegedly, the FIR named accused persons including the appellants indiscriminately assaulted the informant’s side.
It is submitted by learned counsel for the appellants that the appellants are innocent and have not committed any offence. No such occurrence, in the manner as alleged has ever taken place. Appellants have been falsely implicated in the case with frivolous allegation. It is submitted that no offence under the SC/ST Act is made out against the appellants as there is no specific overt act against him to have abused the informant by taking caste name. It is further submitted that there is case and
Patna High Court CR. APP (SJ) No.507 of 2022(3) dt.04-01-2023 3/3
counter-case between the parties and in the alleged occurrence both sides have sustained injuries. There is also a land dispute between the parties. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, since there is case and counter-case between the parties and both sides have sustained injuries, let the appellants named above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge-cum-Special Judge, SC/ST, West Champaran at Bettiah, in connection with Bettiah Town (Bettiah Nagar) P.S. Case No.343 of 2021, subject to the condition 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)
pallavi/-
U T
2 issues framed by the court
Whether the High Court should allow the appeal against the Special Judge's refusal of anticipatory bail in an SC/ST atrocity case.
Whether the appellants are entitled to bail after the Special Judge granted bail contingent on surrender and furnishing of a bond.
2 provisions across 2 enactments
RAJAN PRASAD AND OTHERS
THE STATE OF BIHAR
Prakash Shah
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
