Allowed

Sunil Sharma v. The State of Bihar

Patna HC8 Dec 2023CR. APP (SJ)/673/2022

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against a refusal of anticipatory bail in an SC/ST Atrocities case. After hearing counsel, the court set aside the lower court's order dated 19.01.2022 and enlarged the appellants on anticipatory bail upon furnishing a bond and sureties.

What did the court decide?

The appellants are enlarged on anticipatory bail on furnishing a bail-bond of Rs. 20,000 each with two sureties of like amount, subject to conditions under Section 438(2) CrPC.

Sunil Sharma 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.673 of 2022

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Arising Out of PS. Case No.-8 Year-2021 Thana- SC/ST District- Jehanabad

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

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SUNIL SHARMA S/o Late Bihari Singh R/o village- Koil, P.O.- Koil Bhupat, P.S.- Mehendiya, Distt.- Arwal (Bihar)

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Chandrashekhar Kumar S/o Sri Uday Shankar Singh R/o village- Koil, P.O.Koil Bhupat, P.S.- Mehendiya, Distt.- Arwal (Bihar)

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... ... Appellant/s

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Versus

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The State of Bihar BIHAR

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Santosh Paswan Devdhari Paswan R/O Village and P.O.-Koil, P.S.Mehandiya, District-Arwal(Bihar)

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Pranav Kumar, Advocate Mr. Shrishti Singh, Advocate For the Respondent/s : Mr. Usha Kumari 1, Spl. PP For the Informant : Mr. Paras Nath, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 08-12-2023 Heard learned counsel for the appellants and learned

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counsel for the informant as well as learned Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for anticipatory bail vide order dated 19.01.2022 passed by the learned Additional District and Sessions Judge 1^st , Jehanabad in A.B.P. No. 1339 of 2021 in connection with Arwal SC/ST P.S. Case No. 08 of 2021 dated 07.07.2021 registered for the offence/s punishable u/ss

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Patna High Court CR. APP (SJ) No.673 of 2022(4) dt.08-12-2023 2/3

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279, 337, 341, 323, 504 and 506 read with section 34 of the Indian Penal Code and sections 3(i)(r)(s) 3(2)(va) of the SC/ST (POA) Act.

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3 . As per the prosecution case, the appellants are alleged to have abused the informant by calling his caste name and threatened him to kill him and also slammed her daughter and her wife on the road.

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4 . Learned counsel for the appellants has submitted that the appellant have falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time alleged occurrence. The said word is not laced with the casteist remark. As per FIR, no member of public was present at the relevant point of time of the incident. Learned counsel has further submitted that no specific caste name has been called by the appellants hence no case is made out under section SC/ST Act. The appellants have no criminal antecedents as stated at para 3 of the bail petition.

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5 . Learned counsel for the informant as well as learned Spl. P.P. for the State has vehemently opposed the anticipatory bail petition of the appellants and has submitted that the the appellants abused the informant by calling his cast

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Patna High Court CR. APP (SJ) No.673 of 2022(4) dt.08-12-2023 3/3

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name.

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6 . In view of the aforesaid facts and circumstances of the case, the impugned order dated 19.01.2022 passed by the learned Additional District and Sessions Judge 1^st , Jehanabad in A.B.P. No. 1339 of 2021 in connection with Arwal SC/ST P.S. Case No. 08 of 2021, is set aside against the appellants. The criminal appeal is allowed.

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7 . Accordingly, the above named appellants, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/(Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1^st , Jehanabad in A.B.P. No. 1339 of 2021 in connection with Arwal SC/ST P.S. Case No. 08 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Sunil Sharma v. The State of Bihar

Case brief

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Sunil Sharma v. The State of Bihar

Case brief

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