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Home » Case Briefs » Patna Hc Allows Plea For Anticipatory Bail In A Case Under Sc/St

(Prevention Of Atrocities) Act, 1989 Due To Inconsistencies In Prosecution Allegations

Patna HC allows plea

for anticipatory bail in
a case under SC/ST
(Prevention of
Atrocities) Act, 1989
due to inconsistencies
in prosecution
allegations NAVIGATION
CASE BRIEFS HIGH COURTS

Published on November 17, 2018 – By Devika

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Patna High Court: A Single judge bench comprising of

Birendra Kumar, J. allowed a criminal writ petition for
anticipatory bail filed in relation to a police case under the
SC/ST Act on the ground that there were infirmities in the
prosecution allegations.
The appellant was allegedly involved, along with other ten to
fifteen persons, in assaulting a person belonging to SC/ST
community. He filed the instant appeal under Section 14(A)(2)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against trial judge’s refusal of prayer for
his anticipatory bail.
The High Court noted that the doctor had found two simple
injuries on non-vital parts of the informant’s body, and the
medical report was inconsistent with the prosecution
allegation of commission of assault by 10-15 persons.
Further, in a criminal case filed against one of the co-accused
NAVIGATION
a bench of this court had ordered no coercive step to be taken
against the co-accused. The said order was still continuing.
Considering the aforesaid infirmity in the prosecution
allegation and having regard to the order continuing in favour
of a co-accused, the appellant was granted anticipatory bail
on the condition of full cooperation with investigation/trial of
the case, failing which the court would be at liberty to cancel
his bail bond.[Md. Shafique v. State of Bihar,2018 SCC OnLine
Pat 1995, decided on 02-11-2018]
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TAGGED WITH: anticipatory bail, co-accused, injury, SC/ST

(Prevention of Atrocities) Act 1989

NAVIGATION