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

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEALNo. 38021 Arising Out of PS. Case No. 80 Year 2017 Thana SC ST District Purnia Durganand Choudhary @ Durga Choudhary aged about 81 years Male Son of Late Baijnath Choudhary Resident of Jhanda Chowk Bhatta Bazar PS K Hat District Purnia The State of Bihar ... Appellant s ... Respondent s For the Appellant s For the State Mr. Prasoon Sinha Advocate Mr. Binay Krishna Special PP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07 10 2021 The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the appellant which was 2. Heard Mr. Prasoon Sinha learned counsel for the appellant and Mr. Binay Krishna learned Special Public Prosecutor for the 3. The instant appeal is directed against the order dated 31.07.2021 passed by the learned 1st Additional District and Sessions Judge cum Special JudgePurnia in ABP No. 61 2021 CIS No. 61 2021 by which prayer for anticipatory bail of the appellant has been rejected Patna High Court CR. APPNo.38021 dt.07 10 2021 4. The appellant apprehends arrest in connection with SC ST PS Case No. 817 dated 02.11.2017 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 5. Initially the complaint was filed against the complainant and thereafter under Section 156(3) of the Code of Criminal Procedure 1973 the present FIR has been instituted 6. The allegation against the appellant and others is of assault and abuse using caste name of the informant 7. 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. Learned counsel submitted that similarly situated seven co accused have been granted anticipatory bail by a co ordinate Bench by order dated 26.08.2021 passed in Cr. AppealNo 32021. Further it was submitted that the appellant has no criminal antecedent and there was dispute with regard to a plot of land of which the rival parties are claiming ownership 8. Learned Special PP submitted that the appellant was also party to the assault and abuse using caste word Patna High Court CR. APPNo.38021 dt.07 10 2021 9. 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 10. Accordingly in the event of arrest or surrender before the Court below within six weeks from today the appellant be released on bail upon furnishing bail bonds of Rs. 25 000 twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge cum Special Judge Act Purnia in SC ST PS Case No. 817 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the appellant that the appellant and the bailors shall execute bond and give undertaking with regard to good behaviour of the appellant and that the appellant shall co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of his bail bonds Patna High Court CR. APPNo.38021 dt.07 10 2021 11. It shall also be open for the prosecution to bring any violation of the foregoing conditions by the appellant to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the appellant 12. Accordingly the order impugned is set aside and the appeal stands allowed (Ahsanuddin Amanullah J

Summary: 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.