Elder Age and No Criminal Antecedent forms the basis for granting anticipatory bail by the Court: High Court of Patna

Appellant being aged 81 years old granted anticipatory bail in the matter of assault and abusing the informant in the name of caste. The allegations were found to be general and omnibus by the court and hence, the decision was taken by keeping into consideration the age of the appellant and others. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Durganand Choudhary v. The State of Bihar[Criminal Appeal (Sj) No. 3801 of 2021]. 

The facts of the case were that an instant appeal was directed against the order by which prayer for anticipatory bail of the appellant was rejected. The appellant was apprehended arrest in connection with the Case, instituted under Sections 341, 323, 504, 506 of the Indian Penal Code, 1860 and 3(1)(iii)(ix)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation is of assault and abuse in the name of a caste of the informant.

Learned counsel for the appellant submitted that he is 81 years of age and has been implicated with mala fide intention. It was submitted that no overt act is alleged against him and only general and omnibus allegation that there was abuse using caste word. It was added that the appellant had no criminal antecedent and there was a dispute against a plot of land of which the existing rival parties are claiming ownership. The Special Public Prosecutor contended that the appellant was also a party to the case of the assault and abuse in the name of caste against the informant.

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 there being general and omnibus allegation of assault and use of abusive caste language as also the appellant having no criminal antecedent, being aged about 81 years and seven similarly situated co-accused having been granted anticipatory bail, the Court is inclined to allow the prayer for pre-arrest bail.” The appeal was allowed and the order impugned was set aside.

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Judgment Reviewed By Nimisha Dublish

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