This is an appeal against an order rejecting anticipatory bail. The High Court allowed the appeal, set aside the impugned order, and granted anticipatory bail to the appellant with conditions.
Impugned order dated 20.12.2022 set aside; anticipatory bail granted for eight weeks upon furnishing bond of Rs. 10,000/- with two sureties under Section 438(2) CrPC.
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.518 of 2023
Arising Out of PS. Case No.-257 Year-2022 Thana- TARAIYA District- Saran
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SAMBHU SAH Son of Late Parash Sah R/V- Taraiya Machhli Bazar, P.STaraiya Dist- Saran At chapra
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Nawal Kishore Singh, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl. Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 05-072023
Despite valid service notice, nobody appears for the respondent no. 2.
Heard learned counsel for the appellants and the State. The present appeal is directed against the order dated 20.12.2022, passed in a case registered for the offence punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code read with Sections 3 (i) (r) (s) of the SC/ST Act, whereby anticipatory bail of the appellants has been rejected.
On the alleged date and time of occurrence, it is alleged that all the FIR named accused persons including this appellant abused the informant by caste name and assaulted him with fists and slaps. It is further alleged that co-accused Ramu
Patna High Court CR. APP (SJ) No.518 of 2023(2) dt.05-07-2023 2/3
Sah assaulted the informant due to which informant sustained injury in his left hand, thereafter, he took away the bicycle from the house of the informant.
It is submitted on behalf of the appellant that specific allegation of over-act is against co-accused Ramu Sah. So far as this appellant is concerned, there is no specific allegation of abuse by caste name or assault with fists and slaps leveled against him. From bare perusal of the FIR, it is apparent that incident took place inside the house of the informant and within public view, as such, no case under the SC/ST Act is made out against the appellant. He further submits that there is delay of 6 days in lodging of the F.I.R and there is no plausible explanation of delay which itself creates doubt over the prosecution case.
Learned counsel for the State opposes the prayer for bail.
Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 20.12.2022 is set aside.
Accordingly, in the event of arrest or surrender the appellant, above named, before the court below within eight weeks from today, they shall be released on anticipatory bail on
Patna High Court CR. APP (SJ) No.518 of 2023(2) dt.05-07-2023 3/3
furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, 3rd – cum- Special Judge SC/ST Act, Saran at Chapra in connection with Taraiya P.S Case No. 257 of 2022 subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
(Prabhat Kumar Singh, J)
Alok Verma/-
U T
2 issues framed by the court
Whether the custom of anticipatory bail granted by the lower court ought to be interfered with in view of available facts and circumstances.
Whether an offence punishable under the SC/ST Act is made out against the appellant.
3 provisions across 3 enactments
Sambu Sah
The State of Bihar
Hiralal Kumar Ram
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prabhat Kumar Singh
Parties & counsel
