The High Court dismissed an appeal against the refusal of anticipatory bail. Although the appellant claimed innocence and lack of specific evidence, the court held the nature of allegations warranted rejection.
The prayer for anticipatory bail was rejected and the appeal was dismissed.
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.567 of 2022
Arising Out of PS. Case No.-1 Year-2021 Thana- GOH District- Aurangabad
======================================================
VIKASH KUMAR SHARMA S/o Bhushan Sharma R/o village- Dadar, P.S.Goh, District- Aurangabad (Bihar)
... ... Appellant/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Aman Vishal, Adv. For the Respondent/s : Mrs.Usha Kumari 1, Spl.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 04-01-2023
Heard learned counsel for the appellants and learned
Spl.P.P. for the State.
Despite valid service of notice, nobody appears on behalf of respondent no.2.
This is an appeal under section 14A (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 for anticipatory bail vide order dated 10.01.2022, passed by learned 1st Additional District and Sessions Judge-cum-Special Judge (SC/ST), Aurangabad, in connection with Goh P.S. Case No.01 of 2021, registered u/s 341, 448, 323, 325, 504, 506, 34 of the IPC and
Patna High Court CR. APP (SJ) No.567 of 2022(3) dt.04-01-2023 2/3
sections 3(i)(r), 3(1)(s), 3(2)(va) of the SC/ST Act.
Allegedly, the FIR named accused persons including the appellant at the first instance abused the informant and on protest, they assaulted him with stick and iron rod. When the son of informant came for rescue, the accused assaulted him.
It is submitted by learned counsel for the appellant that the appellant is innocent and has not committed any offence. No such occurrence, in the manner as alleged has ever taken place. Appellant has 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 appellant as there is no specific overt act against the appellant to have abused the informant rather there is common allegation against all the accused persons. No independent witness has supported the prosecution case in the entire investigation even when it was alleged that the occurrence took place in public view. Appellant has three criminal antecedents.
Learned Spl. PP for the State opposed the prayer for bail by submitting that on perusal of the F.I.R., it is clear that appellant has abused the informant by taking his caste name in public view.
Considering the facts and circumstances of the case and
Patna High Court CR. APP (SJ) No.567 of 2022(3) dt.04-01-2023 3/3
the nature of allegation, I am not inclined to enlarge the appellant on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
Accordingly, this appeal is dismissed.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether the appeal against the refusal of anticipatory bail granted under section 14A (2) of the SC/ST Act should be allowed.
Whether the allegations of caste-based abuse and assault constitute an offence attracting the SC/ST Act.
1 provisions across 1 enactments
Vikash Kumar Sharma
The State of Bihar
Uday Das
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
