Allowed

Maheshwar Sah and Ors. v. The State Of Bihar

Patna HC5 Feb 2019CR. APP (SJ)/4800/2018

Case brief

AI extract

What is this about?

The High Court of Patna granted pre-arrest bail to five accused in an SC/ST atrocity case. The appellants were challenging an order rejecting bail. The court allowed the appeal, set aside the lower order, and released the appellants upon furnishing bail bonds and complying with statutory conditions.

What did the court decide?

The appellants are released on bail by furnishing bonds of Rs. 25,000 each with two sureties of the like amount, subject to conditions under Section 438(2) Cr.P.C.

Maheshwar Sah and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4800 of 2018

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Arising Out of PS. Case No.-54 Year-2016 Thana- SC/ST District- Purnia

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Maheshwar Sah, Son of Late Laxmi Sah

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Subhash Sah, Son of Maheshwar Sah

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Ranjan Sah, Son of Maheshwar Sah

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Shashi Sah, Son of Maheshwar Sah

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Vimal Mandal, Son of Ganga Mandal All are Residents of Village - Maharajganj, P.S.- Janki Nagar, District - Purnea

... ... Appellants

Versus

The State Of Bihar

... ... Respondent

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Appearance : For the Appellant/s : Mr.Ajit Kumar Singh, Advocate For the Respondent/s : Mr.Binay Krishna, Special P.P.

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT

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Date : 05-02-2019

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This appeal is for grant of pre-arrest bail to the appellants against the order dated 29.10.2018 passed by Additional Sessions Judge-I-cumSpecial Judge, Purnea, in A.B.P. No.73 of 2018/CIS 73 of 2018, by which learned Special Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in SC/ST P.S.Case No. 54 of 2016, registered under Sections 447, 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Allegation against the appellants is of abusing the informant by taking caste name and also of preventing him from harvesting the crops.

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Submission of learned counsel for the appellants is that the land is khataiyani land of the appellants and informant is trying to grab the same and for that occurrence took place and proceeding under Section 107 Cr.P.C. has also been initiated.

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Patna High Court CR. APP (SJ) No.4800 of 2018 dt.05-02-2019 2/2

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Heard learned Special P.P.

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Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri K.K.Sinha, Additional Sessions Judge-I-cum-Special Judge, Purnea, in connection with SC/ST P.S. No. 54 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

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Accordingly, the appeal is allowed and the impugned order dated 29.10.2018 is set aside.

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(Vinod Kumar Sinha, J)

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spal/-

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Maheshwar Sah and Ors. v. The State Of Bihar

Case brief

What is this about?

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Maheshwar Sah and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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