Alleged of abuse in the name of caste and initiating the free fight, the appellants were arrested. They filed an appeal and were granted bail by the High Court after considering all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter of Deepak Mandal and others v. The State of Bihar[Criminal Appeal (SJ) No. 1954 of 2021].
The facts of the case were that the instant appeal was submitted against the order passed by the Learned Additional Sessions Judge-I through which the anticipatory bails of the appellants were rejected. The Appellants were arrested under Sections 147, 148, 149, 341, 323, 504, 506 of the Indian Penal Code and 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
It was alleged that the appellants were playing music on high volume and on being asked to lower it down by the prosecution then they abused them by caste names and also initiated a free fight resulting in injuries. The Appellants in defense said that the allegations are general and omnibus in nature and caste abuse is also used by the informant’s side. Also, the appellants have no other criminal antecedents and co-accused have also been released on bail.
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the appellants being involved in an incident in which both the sides committed overt act and the reason being that the playing of music on high volume by the accused side was objected by informant side which was the genesis and cause of action, which does not indicate that the incident occurred only because of the caste identity of the informant side and the fact that they have no other criminal antecedent as also anticipatory bail having been granted by a co-ordinate Bench to similarly situated co-accused, the Court is inclined to allow the prayer for pre-arrest bail.”
The appellants were released on bail on furnishing bail bonds worth Rs.25000 along with 2 sureties of the like amount. The same is subject to the Code of Criminal Procedure, 1973, and further, the bailors should be the close relatives of the appellants and the appellant should cooperate with the court concerning good behavior. The impugned order was set aside and the appeal was allowed in the Court of Law.
Judgment Reviewed By Nimisha Dublish