Santosh Kumar v. The State of Bihar
Case brief
What is this about?
Anticipatory bail; appeal under Sections 14(A)(2); SC/ST Act Sections 3(1)(i)(r)(s); SC/ST provisions added ornamentally; not prima facie made out; Sections 351(2) and 352 BNS 2023; caste indicative words; plucking of leaves; Mid-Day Meal Scheme; motivated prosecution; government teacher; no criminal antecedent; no allegation of assault; Section 438(2) Code of Criminal Procedure conditions; bail bond Rs. 10,000 with two sureties; surrender within thirty days; Exclusive Special Judge SC/ST Act Gaya; SC/ST P.S. Case No.60 of 2024; Sherghati; Gaya; Patna High Court; Soni Shrivastava J; respondent no.2 absent despite notice.
What did the court decide?
Impugned order set aside; appellant, in the event of arrest, to surrender before the Court below within thirty days from receipt of the order and be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge, SC/ST Act, Gaya, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.