Subodh Kumar @ Subodh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Subodh Kumar @ Subodh Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional pre-arrest bail granted: appellants to be enlarged on bail upon arrest or surrender before the Court below within six weeks, on bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, SC/ST Special Court, Gaya, subject to Section 438(2) Cr.P.C. conditions; impugned refusal order set aside.

Issue for consideration

Whether the refusal of anticipatory bail by the learned Exclusive Special Judge, SC/ST Special Court, Gaya (order dated 12.12.2023) should be set aside and anticipatory bail granted to the three appellants in Wazirganj P.S. Case No. 736 of 2022. +1 more

Court's answer

Considering the facts and circumstances of the case and the nature of the injury, the appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks, were held entitled to be enlarged on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, SC/ST Special Court, Gaya, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The impugned order refusing anticipatory bail is set aside and the appeal is allowed.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Anjani Kumar Sharan, J.) | CR. APP (SJ) No.426 of 2024, decided 22-11-2024 | Anticipatory bail - appeal under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 against refusal by Exclusive Special Judge, SC/ST Special Court, Gaya (order dated 12.12.2023) in Wazirganj P.S. Case No. 736 of 2022 under Sections 341, 323, 379, 504/34 IPC and Section 3(i)(r)(s) SC/ST Act. Prosecution alleges that on 02.12.2022 the F.I.R. named accused, including appellants, armed with deadly weapons intercepted the informant accompanying his wife and assaulted them with iron rod, stick, bricks etc. and abused them by caste name. Counsel for appellants contended there was no allegation of abuse in the informant's specific caste name, no specific overt act and simple injury. The court, considering the facts and circumstances and the nature of the injury, set aside the impugned order and enlarged the appellants on bail on arrest/surrender within six weeks on bail bond of Rs. 25,000/- each with two like-amount sureties, subject to Section 438(2) Cr.P.C. conditions. Appeal allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.426 of 2024

Arising Out of PS. Case No.-736 Year-2022 Thana- WAJIRGANJ District- Gaya

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

1. Subodh Kumar @ Subodh Singh Son Of Dinesh Singh @ Dinesh Prasad Singh R/O-Manaini, P.S.-WAZIRGANJ, Distt.-GAYA

Pawan Singh @ Pawan Kumar Akela Son Of Ghanshyam Singh R/OManaini, P.S.-WAZIRGANJ, Distt.-GAYA

Soni Singh Son Of Rajo Singh @ Damodar Singh R/O-Manaini, P.S.WAZIRGANJ, Distt.-GAYA

... ... Appellant/s

Versus

The State of Bihar

Ankar Chaudhary Son Of Ram Pravesh Chaudhary R/O-Manaini, P.S.WAZIRGANJ, DISTT.-GAYA

... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shivendra Prasad For the State : Mr. Binay Krishna For the Respondent no.2 : Mr. Vinod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

4 22-11-2024

Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the respondent no. 2.

This is an appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 12.12.2023 passed by learned Exclusive Special Judge SC/ST Special Court, Gaya, in connection with Wazirganj P.S. Case No. 736 of 2022 registered under Sections

Patna High Court CR. APP (SJ) No.426 of 2024(4) dt.22-11-2024 2/3

341, 323, 379, 504/34 of the Indian Penal Code and Section 3(i) (r)(s) of the SC/ST Act.

Prosecution case, in brief, is that on 02.12.2022 at about 4:30 P.M. while informant was going to the clinic of doctor along with his wife, all the F.I.R. named accused persons including these appellants, armed with deadly weapons, intercepted informant and assaulted them with iron rod, stick, bricks etc. and abused them by caste name.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. There is no allegation of slating the informant in the specific name of his caste. Hence, no offence under SC/ST Act is made out against the appellants. He submits that there is no specific overt act against the appellants and the injured person has sustained simple injury. Appellants have got no antecedent as mentioned in para-3 of memo of the appeal.

Learned Spl. PP for the State as well as learned counsel for the respondent no.2 opposed the prayer for bail.

Considering the facts and circumstances of the case and the nature of the injury, let 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

Patna High Court CR. APP (SJ) No.426 of 2024(4) dt.22-11-2024 3/3

bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of earned Exclusive Special Judge SC/ST Special Court, Gaya, in connection with Wazirganj P.S. Case No. 736 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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

(Anjani Kumar Sharan, J)

anand/-

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