Appeal against refusal of anticipatory bail in an FIR under IPC and SC/ST Act alleging assault and caste abuse. Court held no offence under the SC/ST Act was made out; appellants had clean antecedents and no injury report existed. Impugned order set aside; appellants granted anticipatory bail on conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.935 of 2024
Arising Out of PS. Case No.-658 Year-2023 Thana- FATEHPUR District- Gaya
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Aryan Singh, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl.PP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 12-08-2025
Heard Mr. Aryan Singh, learned counsel for the
appellants as well as Mrs. Usha Kumari 1, learned Spl.P.P. for the State.
Patna High Court CR. APP (SJ) No.935 of 2024(4) dt.12-08-2025 2/4
506/ 34 of the Indian Penal Code and Sections 3(i) (r) (s) (w) of the Scheduled Castes and Scheduled Tribes Act.
Patna High Court CR. APP (SJ) No.935 of 2024(4) dt.12-08-2025 3/4
Patna High Court CR. APP (SJ) No.935 of 2024(4) dt.12-08-2025 4/4
i. Appellants shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the appellants and in case at any stage it is found that the appellants have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the appellants. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the appellants despite refusal by the SC/ST Special Court.
Whether the allegations disclose an offence under the Scheduled Castes and Scheduled Tribes Act.
4 provisions across 4 enactments
Kusum Devi
Shoshan Yadav @ Shyam Sundar Prasad
The State of Bihar
Mina Devi
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
