Dismissed

Deepak Kumar @ Deepak Kumar Singh v. the State of Bihar

Patna HC7 Feb 2024CR. APP (SJ)/859/2022

Case brief

AI extract

What is this about?

Appeal under Section 14(A)(2) of the SC/ST Act against refusal of bail in a caste-atrocities case. The court held that since cognizance had been taken against the appellants, the appeal was not maintainable following Bachu Das, and dismissed it, permitting surrender and same-day regular bail consideration.

What did the court decide?

Appellants permitted to surrender within six weeks; trial court to consider regular bail prayer on the same day without prejudice.

Deepak Kumar @ Deepak Kumar Singh Vs the State of Bihar — Caste Atrocities | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.859 of 2022

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Arising Out of PS. Case No.-439 Year-2019 Thana- SHAHPUR PATORI District- Samastipur

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

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1. Deepak Kumar @ Deepak Kumar Singh S/O Kishun Singh @ Krishnadev Singh Resdient Of Village- Ramgama Kamal, P.S.- Patory, Dist.Samastipur.

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Mahendra Singh S/O Badri Singh Resdient Of Village- Ramgama Kamal, P.S.- Patory, Dist.- Samastipur.

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Suresh Kumar Singh S/O Badri Singh Resdient Of Village- Ramgama Kamal, P.S.- Patory, Dist.- Samastipur. ... ... Appellant/s

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Versus

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The State Of Bihar 2. Indu Devi Jageshwar Rajak Resident of Village-Ramgama Kamal, P.S.Shahpur Patori. District-Samastipur, PIN-848504

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Namrata Mishra For the Respondent/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 07-02-2024 Heard learned counsel for the parties.

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Learned Special Public Prosecutor for the State has informed that in compliance of the order dated 06.12.2023, he has informed the informant/complainant but none is present on his/her behalf.

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This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for bail vide order dated 04.02.2022, passed by learned Special Judge (SC/ST Act), Samastipur in connection with Patory P.S. Case No. 439 of

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Patna High Court CR. APP (SJ) No.859 of 2022(5) dt.07-02-2024 2/2

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2019, registered under Sections 341, 323, 354, 504, 379, 447, 506/34 of the IPC and Sections 3(i) (r) (s) of SC/ST Act.

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It is submitted by learned counsel for the appellants that the appellants are innocent and have been falsely implicated in this case. He further submits that appellants have no criminal antecedent as stated in para-3 of this appeal.

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However, learned APP for the State opposes the prayer for bail submits that cognizance has been taken against the appellants in this case, therefore, this appeal is not maintainable in view of the judgment of the Apex Court in the case of Bachu Das vs. State of Bihar and others reported in (2014) 3 Supreme Court Cases 471.

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Considering the facts aforesaid, this appeal is dismissed as not maintainable.

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However, if the appellants surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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devendra/- U T

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(Anjani Kumar Sharan, J)

Deepak Kumar @ Deepak Kumar Singh v. the State of Bihar

Case brief

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Deepak Kumar @ Deepak Kumar Singh v. the State of Bihar

Case brief

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