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 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]
