Arun Sah @ Arun Kumar@ Arun Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Arun Sah @ Arun Kumar@ Arun Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with a direction that the appellants surrender before the learned Trial Court on or before 30.09.2024, and that the Trial Court dispose of the case on the same day, keeping in mind the investigating agency's conclusion that the appellants are innocent.

Issue for consideration

Whether the appeal / anticipatory bail is maintainable where cognizance has been taken on the informant's protest petition and a prima facie offence is alleged under the SC/ST Act. +1 more

Ratio / Principle

The appeal is disposed of with a direction that if the appellants surrender before the learned Trial Court on or before 30.09.2024, the Trial Court shall dispose of the case on the same day, keeping in mind that one investigating agency, after threadbare investigation, came to a considered conclusion that the appellants are innocent.

Key takeaways

Upon such surrender, the learned Trial Court shall dispose of the case on the same day, taking into account the investigating agency's considered conclusion that the appellants are innocent.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J., 11-09-2024), Criminal Appeal (SJ) No.677 of 2024, arising out of PS Case No.100 of 2019, SC/ST police station, East Champaran: five appellants challenged the situation arising from an order of cognizance taken by the learned Special Judge on the protest petition of the informant under various provisions of the IPC and the SC/ST Act, although the police, after threadbare investigation, had submitted a final form exonerating them. The State and respondent no.2 contended that once cognizance was taken and a prima facie offence under the SC/ST Act was made out, anticipatory bail was not maintainable. The Court did not decide the maintainability question categorically but disposed of the appeal with a direction that if the appellants surrendered before the learned Trial Court on or before 30.09.2024, the Trial Court shall dispose of the case on the same day, keeping in mind the investigating agency's considered conclusion that the appellants were innocent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.677 of 2024

Arising Out of PS. Case No.-100 Year-2019 Thana- SC/ST District- East Champaran

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

Arun Sah @ Arun Kumar@ Arun Prasad S/O Thakur Sah

Pappu Sah @ Pappu Prasad S/O Kishun Sah

Anand Kumar S/O Shambhu Sah

Shambhu Sah S/O Lahwar Sah

Kishun Sah S/O Late Devanandan Sah All Are R/O Village- Kalwari Dubaha, Ps.- Darpa, Dist. Eastchamparan,Motihari.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Ms. Usha Kumari No.1, Spl.P.P. Mr. Dhurendra Kumar, Advocate

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 11-09-2024

Heard learned counsel for the appellants, learned Special P.P. for the State and the learned counsel appearing on behalf of the respondent no.2.

It is next submitted that appellant no.1, 2 and 4

have antecedent of two cases and appellant no.3 and 5 have antecedent of one case.

The learned counsel submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that police after threadbare investigation came to a considered conclusion that appellants are innocent and thus submitted final form exonerating the appellants of the

Patna High Court CR. APP (SJ) No.677 of 2024(3) dt.11-09-2024 2/3

allegations, but the learned Special Judge based on protest took cognizance of the offence under various provisions of the IPC and the SC/ST Act.

The learned counsel appearing on behalf of the appellants thus submit that when one investigating agency after threadbare investigation came to a considered conclusion that appellants are innocent whether it would be prudent for this Court to send the appellants to jail based on an order of cognizance which came to be taken on a protest petition of the informant.

The learned Special P.P. and the learned counsel appearing on behalf of the respondent no.2 opposes the appeal and submits that since cognizance has been taken as such it would be presumed that a prima facie office under the SC/ST Act is made out, hence when prima facie offence is made out under the SC/ST Act in that event, anticipatory bail is not maintainable.

After hearing the learned counsels for the parties, the appeal is disposed of with a direction that in the event, if the appellants surrender before the learned Trial court on or before 30.09.2024, the learned Trial court shall disposed of the case on the same day keeping the mind the fact that one investigating

Patna High Court CR. APP (SJ) No.677 of 2024(3) dt.11-09-2024 3/3

agency after threadbare investigation came to a considered conclusion that appellants are innocent.

(Satyavrat Verma, J)

Prakash Narayan U T