Allowed

Vijay Singh @ Vijay Kumar v. The State of Bihar

Patna HC10 May 2023CR. APP (SJ)/569/2023

Case brief

AI extract

What is this about?

In an appeal against the refusal of bail under the SC/ST Act, the High Court set aside the impugned order, allowing the appellant to be enlarged on bail upon arrest within six weeks by furnishing a bond and sureties.

What did the court decide?

Appellant to be enlarged on bail upon arrest/surrender within six weeks by furnishing bail bond of Rs. 25,000 with two sureties.

Vijay Singh @ Vijay Kumar Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.569 of 2023

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Arising Out of PS. Case No.-451 Year-2022 Thana- WAJIRGANJ District- Gaya

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

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Vijay Singh @ Vijay Kumar S/O Late Chamari Singh Resident Of VillageLatawar, P.S.- Hisua, District- Nawada.

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... ... Appellant/s

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Versus

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The State of Bihar

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Lallu Manjhi S/O Mundar Manjhi Resident Of Village- Chandrashekhar Nagar, P.S.- Hisua, District- Nawada.

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... ... Respondent/s

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

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Appearance :

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For the Appellant/s : Mr.Rabindra Kumar Priyadarshi For the Respondent/s : Mr.Sadanand Paswan

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====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 10-05-2023

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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Learned counsel for the State submits that he has complied with the order dated 08.02.2023 but nobody appears on behalf of the respondent no. 2.

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This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for bail vide order dated 14.12.2022, passed by learned Court of Exclusive Special Judge (SC/ST Act), Gaya in connection with Wazirganj P.S. Case No. 451 of 2022, registered under Sections 341, 323, 379, 504, 506/34 of the IPC and Sections 3(i) (r) (S) of SC/ST Act.

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Patna High Court CR. APP (SJ) No.569 of 2023(3) dt.10-05-2023 2/3

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Appellant along with other accused persons are said to have abused the informant and his wife and also assaulted them.

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It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that there is case and counter case in between the parties. He submits that no one has injured in the occurrence. He submits that the appellant has been falsely implicated in the present case because co-accused Shivani Kumari who had earlier filed a criminal case against the employer of informant which has been instituted as Hisua P.S. Case No. 506 of 2022 under Sections 323, 341, 354B, 504, 506 of the Indian Penal Code. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal.

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Considering the facts and circumstances of the case, let the above named appellant in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in connection with Wazirganj P.S. Case No. 451 of 2022, subject to the condition as laid down under Section 438 (2) of the

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Patna High Court CR. APP (SJ) No.569 of 2023(3) dt.10-05-2023 3/3

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Cr.P.C.

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Accordingly, the impugned order is set aside and

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the appeal is allowed.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Vijay Singh @ Vijay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vijay Singh @ Vijay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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