Allowed

Chandrashekhar Kumar Pal @ Chandrashekhar Pal v. the State of Bihar

Patna HC11 Jan 2023CR. APP (SJ)/513/2022

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the refusal of anticipatory bail, quashing the impugned order and directing the lower court to enlarge the appellants on bail upon their arrest or surrender.

What did the court decide?

Set aside the impugned order refusing anticipatory bail and ordered the lower court to enlarge appellants on bail upon arrest/surrender within six weeks.

Chandrashekhar Kumar Pal @ Chandrashekhar Pal Vs the State of… — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.513 of 2022

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Arising Out of PS. Case No.-65 Year-2019 Thana- SC/ST District- Rohtas

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

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CHANDRASHEKHAR KUMAR PAL @ CHANDRASHEKHAR PAL S/o Ram Sidhi Pal R/o village- Khadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Mahesh Singh @ Mahesh Yadav S/o Ganga Singh Yadav R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Binay Kumar Yadav @ Binay Kumar S/o Jay Ram Singh R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Rahul Kumar S/o Ramchela Singh Yadav R/o village- Khadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Dipak Kumar @ Dipak Yadav S/o Ramchela Singh Yadav R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Randhir Kumar @ Randhir Yadav S/o Jay Ram Singh R/o village- Khadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Ramashankar Singh @ Ramashankar Yadav S/o Late Vashudev Yadav R/o village- Khadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Haridwar Singh @ Haridwar Yadav S/o Late Shiv Gobind Singh R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Moti Singh @ Moti Yadav S/o Late Doma Singh Yadav R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Ankit Kumar S/o Ajit Singh Yadav R/o village- Khadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram

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Dhanji Kumar @ Dhanjit Kumar S/o Ajeet Yadav R/o village- Khadiha, P.S.Baddi O.P., District- Rohtas at Sasaram

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Ram Sahay Singh @ Ram Sahay Yadav S/o Late Doma Yadav R/o villageKhadiha, P.S.- Baddi O.P., District- Rohtas at Sasaram ... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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Chhote Lal Paswan Son of Premchand Paswan R/o vill- Khadiha, P.S.Baddi O.P. Dist- Rohtas at Sasaram

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jay Prakash Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 11-01-2023 Heard the parties.

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Patna High Court CR. APP (SJ) No.513 of 2022(3) dt.11-01-2023 2/3

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Despite valid service of notice, nobody appears on behalf of the respondent no.2.

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Learned counsel for the appellants undertakes to remove the defects within four weeks.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 08.10.2021, passed by learned 1^st Additional Session Judge-cum-Special Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No.65 of 2019, registered under Sections 147, 148, 149, 341, 323, 354B, 307, 379, 504, 506 of the Indian Penal Code and Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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The allegation against the appellants is that they alongwith other co-accused persons assaulted and abused the informant’s side by taking caste name.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained

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Patna High Court CR. APP (SJ) No.513 of 2022(3) dt.11-01-2023 3/3

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injuries. He submits that the injuries are simple in nature. The specific allegation is against the appellant no.4, 6 and 10 to abuse the informant by taking caste name. He further submits that there is a compromise between the parties. Appellants have no criminal antecedent as mentioned in para-3 of memo of appeal.

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Learned Spl. PP for the State opposed the prayer for bail.

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In the facts and circumstances of the case, as there is a compromise between the parties, let the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Session Judge-cumSpecial Judge, Rohtas at Sasaram in connection with SC/ST Dehri P.S. Case No.65 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and this appeal

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is allowed.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Chandrashekhar Kumar Pal @ Chandrashekhar Pal v. the State of Bihar

Case brief

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Chandrashekhar Kumar Pal @ Chandrashekhar Pal v. the State of Bihar

Case brief

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