In this criminal appeal, the High Court set aside a lower court's order rejecting anticipatory bail and granted bail to the appellants, subject to conditions and personal bonds, within four weeks of arrest or surrender.
Appellants released on bail subject to conditions under Section 438(2) CrPC upon arrest/surrender within four weeks.
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 CRIMINALAPPEAL (SJ) No.628 of 2022
Arising Out of PS. Case No.-142 Year-2021 Thana- HASPURA District- Aurangabad
... ... Appellant/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Arun Kumar Pandey For the Respondent/s : Ms.Usha Kumari 1 ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 20-01-2023
Additional Public Prosecutor for the State.
This appeal has been preferred against the order dated 01.02.2022 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in A.B.P. No.118 of 2022 arising out of Haspura P.S. Case No.142 2021 registered under Sections, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) (w)(i),3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the
Patna High Court CR. APP (SJ) No.628 of 2022(4) dt.20-01-2023 2/2
appellants has been rejected.
Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. There is a case and counter case between both sides and both sides have sustained injuries. The appellants have got no criminal antecedent.
Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing personal bonds to the satisfaction of Additional District and Sessions Judge I-cum-Special Judge (SC/ST), Aurangabad in connection with A.B.P. No.118 of 2021 arising out of Haspura P.S. Case No.142 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the impugned order is set aside and the appeal is allowed.
(Arvind Srivastava, J)
Harish/-
U T
2 issues framed by the court
Whether to allow bail to appellants rejected by lower court in case involving报案 under IPC and SC/ST Act.
Whether the appeal against rejection of anticipatory bail should be allowed.
1 provisions across 1 enactments
Kamal Singh @ Kamal Kumar
Ladu Singh @ Vikash Kumar
Vivek Singh
The State of Bihar
Hiralal Chaudhary
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
