Anticipatory bail appeal for appellants implicated in an SC/ST Act case. Court found FIR alleged occurrence without independent witnesses, set aside the Special Judge's refusal order dated 20.01.2024, allowed the appeal and granted bail on surrender within six weeks under Section 438(2) Cr.P.C. conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.965 of 2024
Arising Out of PS. Case No.-25 Year-2023 Thana- SC/ST District- Aurangabad
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... ... Appellant/s
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Mukul Kumari, Advocate For the Respondent/s : Mr. Sadanand Paswan, APP
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
20.01.2024 passed by the learned Ist Additional District and Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in connection with SC/ST P.S. Case No.25 of 2023 instituted for the offences under Sections 341, 323, 504, 506/34 of the IPC and Section 3(i)(r)(s), 3(2)(va) of the SC & ST Act, whereby their prayer for grant of anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.965 of 2024(3) dt.24-07-2024 2/3
the appellants are person with clean antecedent and have been falsely implicated in the instant case by the informant. It is next submitted that the date of occurrence is 18-12-2023 and the FIR came to be instituted on 25.12.2023 i.e. after a delay of seven days without any plausible explanation, which amply gives an impression that the instant FIR was instituted by way of afterthought. It is next submitted that even presuming what has been alleged is true without admitting then from perusal of the allegation it would manifest that the FIR does not even remotely suggest that the act of assault was witnessed by any independent witnesses and the occurrence did not take place in public view, as such prima facie no offence under the SC/ST Act is made out.
Patna High Court CR. APP (SJ) No.965 of 2024(3) dt.24-07-2024 3/3
arrest or surrender before the learned court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs.5000/-(Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional District and Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in connection with SC/ST P.S. Case No.25 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
Prakash Narayan U T
1 issue framed by the court
Whether anticipatory bail should be granted to appellants charged under IPC and SC/ST Act offences where no independent witnesses are suggested by the FIR.
3 provisions across 3 enactments
Baban Singh
Ravijanam Kumar @ Ravishankar Singh
Ravi Kumar @ Raviranjan Kumar
Chhotu Kumar @ Vishwaranjan Kumar
The State of Bihar
Ram Vilash Ram
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
