Allowed

Amar Kumar Mishra @ Badsah Mishra v. The State of Bihar

Patna HC18 Jan 2023CR. APP (SJ)/582/2022

Case brief

AI extract

What is this about?

Ten family members sought anticipatory bail after refusal by the Special Judge for alleged caste-based abuse and assault on an informant. Finding general allegations with a counter-case between parties, this court set aside the impugned order and allowed bail subject to Section 438 Cr.P.C. conditions.

What did the court decide?

Anticipatory bail granted: Rs.25,000/- bond each with two like sureties within six weeks, subject to Section 438(2) Cr.P.C. conditions; impugned order set aside.

Amar Kumar Mishra @ Badsah Mishra 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.582 of 2022

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Arising Out of PS. Case No.-3 Year-2021 Thana- SC/ST BETTIAH District- West Champaran

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

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AMAR KUMAR MISHRA @ BADSAH MISHRA S/o Late Mangal Mishra R/o village- Jamauli, P.S.- Gaunaha, Distt.- West Champaran

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Surendra Mishra S/o Late Mangal Mishra R/o village- Jamauli, P.S.Gaunaha, Distt.- West Champaran

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Sharma Mishra @ Sanjay Kumar Mishra S/o Late Mangal Mishra R/o village- Jamauli, P.S.- Gaunaha, Distt.- West Champaran

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Munna Mishra @ Arun Kumar Mishra S/o Late Mangal Mishra R/o villageJamauli, P.S.- Gaunaha, Distt.- West Champaran

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Amod Kumar Mishra S/o Late Mangal Mishra R/o village- Jamauli, P.S.Gaunaha, Distt.- West Champaran

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Satydeo Kumar Mishra @ Satendra Mishra S/o Late Mangal Mishra R/o village- Jamauli, P.S.- Gaunaha, Distt.- West Champaran

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Guddu Kumar Mishra S/o Surendra Mishra R/o village- Jamauli, P.S.Gaunaha, Distt.- West Champaran

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Anshu Kumar Mishra S/o Surendra Mishra R/o village- Jamauli, P.S.Gaunaha, Distt.- West Champaran

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Anchal Devi W/o Sharma Mishra @ Sanjay Kumar Mishra R/o villageJamauli, P.S.- Gaunaha, Distt.- West Champaran

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Sharda Devi D/o Late Mangal Mishra R/o village- Jamauli, P.S.- Gaunaha, Distt.- West Champaran ... ... Appellant/s

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Versus

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The State of Bihar Bihar 2. Marachi Devi Wife of Lal Jotish Ram Resident of Jamauli,P.SGaunaha,District-W.Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Dhannjay Kumar No 2 For the Respondent/s : Mr. Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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... ... Respondent/s

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3 18-01-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

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This is an appeal under Section 14(A)(2) of the

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Patna High Court CR. APP (SJ) No.582 of 2022(3) dt.18-01-2023 2/3

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST Act’) against the refusal of prayer of anticipatory bail vide order dated 18.01.2022, passed by learned 1^st A.D.J.-cum-Special Judge, S.C./S.T. (POA), Bettiah, West Champaran in connection with SC/ST Bettiah P.S. Case No.03 of 2021, registered under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Sections 3(i)(r)(s)(ii)(va) of the SC/ST Act.

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The prosecution case, in brief, is that on 23.12.2020 at 8.00 A.M., the informant was sitting on her Darwaza. The accused persons named in the FIR came there and started abusing her by naming her caste. When the informant protested, the accused persons assaulted her with fists and slaps. When the husband of the informant came to save her, he was also assaulted by leg, fists and phattha causing injury to him. Appellant No.3, Sharma Mishra @ Sanjay Kumar Mishra is said to have snatched earring made of gold from the informant.

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Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. It is submitted that the appellants have got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is further submitted that there is general and omnibus

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Patna High Court CR. APP (SJ) No.582 of 2022(3) dt.18-01-2023 3/3

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allegation against the appellants. It is submitted that there is case and counter case between the parties and both sides sustained injuries.

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Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellants.

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Having considered the facts aforesaid, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned 1^st A.D.J.-cum-Special Judge, SC/ST (POA) Act, Bettiah, West Champaran in connection with SC/ST Bettiah P.S. Case No.03 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and the appeal is allowed.

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(Anjani Kumar Sharan, J)

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S.KUMAR/-

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U T

Amar Kumar Mishra @ Badsah Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amar Kumar Mishra @ Badsah Mishra v. The State of Bihar

Case brief

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