Allowed

Pappu Sah and Ors. v. The State Of Bihar

Patna HC6 Sept 2018CR. APP (SJ)/3129/2018

Case brief

AI extract

What is this about?

This appeal against the refusal of anticipatory bail in a caste atrocity case was allowed. The High Court set aside the lower court order and granted bail to the appellants on their surety bonds within thirty days, subject to standard conditions.

What did the court decide?

Impugned order refused anticipatory bail was set aside; appellants released on bail bonds of Rs.20,000 each with two sureties upon surrender within 30 days subject to conditions.

Pappu Sah and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No. 3129 of 2018

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Arising Out of PS.Case No. -32 Year- 2016 Thana -SC/ST District- BANKA

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===========================================================

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Pappu Sah, Son of Shailendra Sah @ Salendra Sah

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Chhotu Sah @ Abhinandan Sah, S/o Shailendra Sah @ Salendra Sah

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Anant Sah @ Anant Kumar Sah, Son of Shailendra Sah @ Salendra Sah

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Pritam Sah @ Pritam Kumar, Son of Shailendra Sah @ Salendra Sah

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Sudhanshu Sah @ Sudhanshu Kumar, S/o Pradeep Sah

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All resident of village – Karanja, Police Station Shambhuganj, District Banka

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.... .... Appellant/s

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Versus

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The State of Bihar

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.... .... Respondent/s

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=========================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr. ===========================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 06-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 25.06.2018 in A.B.P. No. 713 of 2018 passed by the learned 1^st Additional Sessions Judge, Banka in connection with Banka SC/ST P.S. Case No. 32 of 2016 registered under Sections 341, 323, 354, 379, 504, 506 of the Indian Penal Code as well as Sections 3(1)(x) of the SC/ST Act.

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Both sides are neighbours. Earlier case was lodged by

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Patna High Court CR. APP (SJ) No.3129 of 2018 dt.06-09-2018

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appellant no. 1 Pappu Sah alleging therein that informant wanted to encroach upon the PCC public land in front of the house of the appellants and for that reason, informant and others had committed abuse and assault.

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Identical allegation is there in the FIR of commission of abuse and assault.

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Learned Special Public Prosecutor opposed the

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prayer for bail.

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Considering the general and omnibus nature of allegation, the case and counter case between the parties and the statement of the appellants that they have got no criminal antecedent, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants as well as condition that both the bailors shall be resident

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Patna High Court CR. APP (SJ) No.3129 of 2018 dt.06-09-2018

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of within the territorial jurisdiction of the learned court below.

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Accordingly, the impugned order is set aside and this

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appeal stands allowed.

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(Birendra Kumar, J)

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Kundan/-

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AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	07.09.2018
Transmission Date	07.09.2018

Pappu Sah and Ors. v. The State Of Bihar

Case brief

What is this about?

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Pappu Sah and Ors. v. The State Of Bihar

Case brief

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