Allowed

Dilkhush Sah @ Dilkhush and Ors. v. the State of Bihar

Patna HC20 Jun 2019CR. APP (SJ)/485/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal against the rejection of pre-arrest bail. The Court granted bail on surrender within four weeks, upholding the order to set aside the lower court's rejection.

What did the court decide?

Appellants are to be released on bail upon surrender within four weeks, liable to furnish a bail bond of Rs. 25,000 each with two sureties, subject to conditions in Section 438(2) Cr.P.C.

Dilkhush Sah @ Dilkhush 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.485 of 2019

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Arising Out of PS. Case No.-220 Year-2017 Thana- MAHISHI District- Saharsa

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

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DILKHUSH SAH @ DILKHUSH AND ORS. S/o Saburi Sah VillageBishanpur,p.s.-Mahesi district-Saharsa

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Sandeep Sah @ SANDEEP KUMAR S/o Saburi Sah Village-Bishanpur, p.s.-Mahesi district-Saharsa

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Bijal Sah S/o SatyaNarayan Village-Bishanpur,P.S-Mahesi,Distt.-Saharsa

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Neeraj Kumar For the Respondent/s : Mr.Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT

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Date : 20-06-2019

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Heard learned counsel for the parties.

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This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 15.12.2018 passed by learned 1^st Additional Session -cum- Special Judge, Saharsa in connection with Mahesi P.S. Case No. 220 of 2017 registered under Sections 341, 323, 324, 504 and 34 of the Indian Penal Code and Section 3(1)(s) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected.

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Learned counsel appearing for the appellants submits that the appellants, who are of clean antecedent, are innocent and have not committed any offence. In fact, the parties

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Patna High Court CR. APP (SJ) No.485 of 2019 dt.20-06-2019 2/2

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are in litigating terms since long and there is case and counter case between the parties. No specific case is made out against the appellants. Hence, the appellants may be granted the privilege of pre-arrest bail.

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Considering the facts and circumstances of the case, let the above named appellants in the event of their surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions -cum- Special Judge, Saharsa in connection with Mahesi P.S. Case No. 220 of 2017 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

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(Arvind Srivastava, J)

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Dilkhush Sah @ Dilkhush and Ors. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dilkhush Sah @ Dilkhush and Ors. v. the State of Bihar

Case brief

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What did the court decide?

What the court decided

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