On an appeal challenging the refusal of bail, the Patna High Court allowed the matter and allowed the appellant on bail by setting aside the lower court order and directing furnishing of a bail bond with sureties.
Appellant to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.613 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- DARBHANGA District- Darbhanga
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Ram Sahni S/o Sukhdev Sahni Resident of Village-Sivajee Nagar, ward no. 22, P.S-Town, District- Darbhanga
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Vinay Kumar Mishra For the Respondent/s : Mr. Binay Krishna
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date : 29-04-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 22.01.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge (SC/ST POA, Act), Darbhanga in Town P.S. Case No. 160 of 2018 registered under Sections 447, 341, 323, 324, 307, 427, 379/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Co-accused Shyam Sahni slated the informant in the name of his caste and on the order of Santosh Sahni, he gave
Patna High Court CR. APP (SJ) No.613 of 2019 dt.29-04-2019 2/3
Dabiya blow on his head and when he fell down, the petitioner gave Dabiya blow on both hands of the informant inflicting cut injury there.
It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in this case. There is case and counter case between the parties. As a matter of fact, Shyam Sahni has married with niece of the informant, namely, Manju Kumari over which some occurrence took place and Shyam Sahni has lodged case against the informant and others, and as counter blast, the informant has filed this false and frivolous case against the appellant and Shyam Sahni. The injury found on the person of the informant is simple in nature. Appellant has no criminal antecedent and has been languishing in custody since 10.01.2019. Said Shyam Sahni @ Shyam Kumar Sahni has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.02.2019 passed in Cr. Appeal (SJ) No. 4699 of 2018.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on
Patna High Court CR. APP (SJ) No.613 of 2019 dt.29-04-2019 3/3
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST POA, Act), Darbhanga in Town P.S. Case No. 160 of 2018.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 30.04.2019 |
| Transmission Date | 30.04.2019 |
1 issue framed by the court
Whether the appellant deserves bail in a case arising under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3 provisions across 2 enactments
Ram Sahni
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
