Allowed

Bablu Kumar Sahu @ Bablu Kumar Sah v. The State of Bihar

Patna HC8 Nov 2019CR. APP (SJ)/4141/2019

Case brief

AI extract

What is this about?

This criminal appeal by Bablu Kumar Sahu against the refusal of anticipatory bail in a case under the SC/ST Act and IPC was allowed by the single bench, setting aside the lower court order and granting bail.

What did the court decide?

The impugned order refusing anticipatory bail is set aside; the appellant is released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Bablu Kumar Sahu @ Bablu Kumar Sah Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4141 of 2019

¶2

Arising Out of PS. Case No.-204 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

¶3

====================================================== BABLU KUMAR SAHU @ BABLU KUMAR SAH Son of Ganeshee Sahu @ Ganeshi Sah Resident of Village- Mangalgarh, Ward No.4, Police StationHasanpur, District- Samastipur. ... ... Appellant

¶4

Versus

¶5

The State of Bihar

¶6

Ram Chandra Paswan Son of Late Bhujangi Paswan Resident of VillageMahra, P.S.- Singhia, District- Samastipur.

¶7

... ... Respondents

¶8

====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Sadanand Paswan ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

¶10

ORAL ORDER

¶11

3 08-11-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

¶12

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer of anticipatory bail vide order dated 06.08.2019 passed by learned 1^st Additional Sessions Judge, Samastipur in connection with Complaint Case No. 204 of 2017 registered under Sections 341, 504, 323 of the Indian Penal Code and Section 3(1) (s) (d) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act but cognizance has been taken under Section 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of

¶13

Patna High Court CR. APP (SJ) No.4141 of 2019(3) dt.08-11-2019 2/3

¶14

Atrocities) Act.

¶15

On approaching by the complainant to Block office to know about his selection under Indira Awas Scheme, appellant demanded graft of Rs.15,000/- and when he approached to the B.D.O. of the block to make complaint against the appellant, appellant also arrived there but B.D.O. also demanded Rs. 15,000/- and on making protest by the complainant, he slapped him and exhorted the appellant to push him out of the office, responding the same, appellant slapped him and slating in the name of his caste shoved him from the office.

¶16

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has been falsely implicated in the case merely because the complainant was refused to be given the benefit of Indira Awas Scheme. As complainant happens to be karta of his family and brother of the complainant had already availed the benefit of the said scheme and due to said reason, complainant has lodged this false and frivolous case against the appellant. The complainant has not sustained any injury in the occurrence. Complainant in his S.A. has not stated about slating him in the name of his caste by the appellant rather by the B.D.O. Appellant has no criminal antecedent.

¶17

Patna High Court CR. APP (SJ) No.4141 of 2019(3) dt.08-11-2019 3/3

¶18

Learned Spl. PP for the State opposed the prayer

¶19

for bail.

¶20

In the facts and circumstances of the case, the above named appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge-cum-Special Judge (SC/ST Act), Samastipur in connection with Complaint Case No. 204 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶21

Accordingly, the impugned order is set aside and this appeal is allowed.

¶22

(Prakash Chandra Jaiswal, J)

¶23

amit/- U T

Bablu Kumar Sahu @ Bablu Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bablu Kumar Sahu @ Bablu Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nehal Kumar @ Aashish Raj Vs The State of Bihar

Suresh Mistri Vs The State of Bihar

Dharmendra Kumar @ Dharmendra Yadav @ Dharmendra Kumar Yadav Vs The State of Bihar

Shyam Nandan Singh Vs The State of Bihar

Ranjeet Kumar @ Ranjit Singh Vs The State of Bihar

Rajesh Singh @ Gama Singh Vs The State of Bihar