The High Court allowed the bail appeal, setting aside the lower court's rejection of bail on the ground that no offence under the SC/ST Act was made out as no member of the public was present during the incident.
Appellants enlarged on bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each.
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.1913 of 2024
Arising Out of PS. Case No.-134 Year-2023 Thana- PHULWARIA District- Begusarai
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Amit Kumar, Adv. For the Respondent/s : Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER
3 08-08-2024 Heard learned counsel for the appellants and learned Spl. P.P. for the State.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail of the appellants vide order dated 18.03.2024 by the learned Exclusive Special Judge SC/ST (PoA) Act, Begusarai in connection with Fulwaria P.S. Case No. 134 of 2023 dated 19.09.2023 registered for the alleged offences punishable under Sections 323, 341, 307, 504, 506 and 34 of the Indian Penal
Patna High Court CR. APP (SJ) No.1913 of 2024(3) dt.08-08-2024 2/3
Code and Sections 3(i)(r)(s)/ 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. As per prosecution case, the appellants and the coaccused persons are alleged to have come to the house of the informant and started abusing. On being objected, all of them started assaulting him. When the informant’s daughter came to rescue her then all the accused persons assaulted on the head of the informant’s daughter with hammer (hathauri) due to which she sustained injury. It is also alleged that all the accused persons abused to her and also threatened her to kill if she would lodge the case.
4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. There is no specific allegation against the appellants rather the allegation is general and omnibus. Learned counsel has further submitted that the said offence is alleged to have taken place at the house of the informant and no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the appellants. As per the injury report of the injured, the injury is simple in nature. It is further submitted that the appellants have no concern with the alleged offence. The
Patna High Court CR. APP (SJ) No.1913 of 2024(3) dt.08-08-2024 3/3
appellants have no criminal antecedent as stated at para 3 of the bail petition. The appellants is in custody since 24.02.2024.
5. Learned Special Public Prosecutor for the State has opposed the prayer for bail of the appellants.
6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contenion of the learned counel for the appellants, the impugned order dated 18.03.2024 by the learned Exclusive Special Judge SC/ST (PoA) Act, Begusarai in connection with Fulwaria P.S. Case No. 134 of 2023, is set aside against the appellants. The criminal appeal is allowed.
7. Accordingly, the above named appellants, are directed to be enlarged on 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 Exclusive Special Judge SC/ST (PoA) Act, Begusarai in connection with Fulwaria P.S. Case No. 134 of 2023.
(Chandra Prakash Singh, J)
Gautam/-
1 issue framed by the court
Whether the offence under the SC/ST Act is made out when no member of the public was present and allegations are general and omnibus?
3 provisions across 2 enactments
Borhan Sharma
Sabita Devi
The State of Bihar
Rinku Devi
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
