The High Court in an appeal under Section 14A(2) of the SC/ST Act, revoked an order refusing bail to the appellant. Finding no specific allegation against him despite general charge, the Court directed release on bail via bond and two sureties.
Released on bail by furnishing bond of Rs. 10,000/- and two sureties of like amount.
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.583 of 2024
Arising Out of PS. Case No.-177 Year-2023 Thana- BHAWANIPUR District- Purnia
======================================================
GHOLAT YADAV S/o Late Domi Yadav Resident of Village-Bhawanipur, P.S.-Bhawanipur, District-Purnia.
... ... Appellant/s
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Bhola Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 04-04-2024
Heard learned counsel for the appellant and learned Special P.P. for the State, on point of admission and on merit also.
Patna High Court CR. APP (SJ) No.583 of 2024(3) dt.04-04-2024 2/3
Bhawanipur P.S. Case No.177 of 2023 registered under Sections 341, 323, 427, 447, 448, 504, 506/34 of Indian Penal Code and Section 3(1)(g) (s) of SC/ST Act.
Patna High Court CR. APP (SJ) No.583 of 2024(3) dt.04-04-2024 3/3
reported in 2015 (153) AIC 276.
8. Learned Special P.P. for the State opposes the
prayer for bail of the appellant.
12.01.2024 is set aside.
(Ramesh Chand Malviya, J)
S.Katyayan/-
U T
3 issues framed by the court
Whether the appeal against refusal of bail under Section 14A(2) of the SC/ST Act falls within limitation.
Whether specific allegations against the appellant can be demanded where the FIR contains general and omnibus allegations.
Whether no specific caste-based insult was made out in the present case under the SC/ST Act.
Colour shows how this judgement treated each authority
State of Madhya Pradesh Vs. Parasram @ PurushottamApplied¶21
State of Madhya Pradesh Vs. Parasram @ Purushottam, as reported in 2015 (153) AIC 276.
3 provisions across 1 enactments
GHOLAT YADAV
The State of Bihar
MITHILESH KUMAR RISHI
RAMESH CHAND MALVIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
