In cases involving land disputes, anticipatory bail may be granted even if allegations under the SC/ST Act are made, provided that the alleged incident did not take place in public view.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3319 of 2022

Arising Out of PS. Case No.-238 Year-2018 Thana- CHAND District- Kaimur (Bhabua)

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

1.

MAHENDRA SINGH S/O LATE GIRJA SINGH R/O VILLAGE- PATERI,

P.S.- CHAND, DISTT- KAIMUR(BHABUA)

2.

DEEPU SINGH S/O MAHENDRA SINGH R/O VILLAGE- PATERI, P.S.-

CHAND, DISTT- KAIMUR(BHABUA)

... ... Appellant/s

Versus

1.

The State of Bihar BIHAR

2.

MUNNA RAM S/O LATE KISHUN RAM R/O VILLAGE-

JAMALPUR(PATERI), P.S.- CHAND, DISTT- KAIMUR(BHABUA)

... ... Respondent/s

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

Appearance :

For the Appellant/s

:

Mr. Chandra Mohan Jha

For the Respondent/s

:

Mrs. Usha Kumari 1

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

3

04-01-2023

Heard the parties.

Learned Spl. PP for the State informs this Court that he

had already informed the respondent no.2 about the present case

through S.P., but nobody appears on behalf of the respondent

no.2

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 anticipatory bail vide

order dated 22.08.2022, passed by learned Additional Sessions

Judge 1^st cum Special Judge, Kaimur at Bhabua in connection

Patna High Court CR. APP (SJ) No.3319 of 2022(3) dt.04-01-2023

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with Chand P.S. case no.238 of 2018, registered under sections

341, 323, 147, 148, 149, 325, 307, 148, 380, 379, 354, 504, 506

of the Indian Penal Code and 3(1)(r)(5) of S.C./S.T. Act.

Learned Counsel for the appellants submits that

appellants are innocent and have been falsely implicated in the

present case. No such occurrence as alleged has ever taken

place. Slating the informant in the name of caste is not said to

have been done in public view, hence no offence under the

SC/ST Act is made out against the appellants. There is general

and omnibus allegation against the appellants. There is an

admitted land dispute between the parties. He further submits

that after investigation, police has submitted final form against

the appellants but differing with the same, learned court below

took cognizance against the appellants. Appellants have no

criminal antecedent, which is also mentioned in para-3 of the

memo of the appeal. Relying upon the judgment of the Hon’ble

Apex Court in Hitesh Verma Vs. State of Uttarakhand and

another reported in (2020) 10 Supreme Court Cases 710., it

is submitted that if there is a land dispute between the parties,

the appeal for anticipatory bail is maintainable.

Learned Spl.PP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, since

Patna High Court CR. APP (SJ) No.3319 of 2022(3) dt.04-01-2023

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there is a land dispute between the parties, let the appellants

named above, in the event of their arrest or surrender before the

learned Court below within a period of six weeks from today, be

released on bail on furnishing bail bond of Rs.25,000/- (Rs.

Twenty Five Thousand) each with two sureties of the like

amount each to the satisfaction of the learned Additional

Sessions Judge 1^st cum Special Judge, Kaimur at Bhabua in

connection with Chand P.S. case no.238 of 2018, subject to the

condition as laid down under section 438(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this

appeal is allowed.

shikha/-

(Anjani Kumar Sharan, J)

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