The Patna High Court allowed the appellant's appeal against the rejection of bail. The High Court set aside the impugned order and directed the Sessions Judge to release the appellant on bail upon furnishing bonds.
The impugned order was set aside and the appellant was released on bail on furnishing bonds of Rs. 25,000 with two sureties.
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.619 of 2019
Arising Out of PS. Case No.-66 Year-2018 Thana- SC/ST District- Sheikhpura
======================================================
RAJA RAM SHARMA Son of Late Ram Lakhan Sharma R/o village- Sarva , P.S- Barbigha
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Pankaj Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
Heard learned counsel for the appellant and the
learned counsel appearing for the State.
This appeal is directed against the order dated 03.01.2019 passed by 1st Additional Sessions Judge, Sheikhpura in A.B.P. No. 6 of 2019 in connection with Sheikhpura SC/ST P.S. Case No. 6 of 2016 (SC/ST Case No. 66C of 2018) registered under sections 323, 341, 448 of the Indian Penal Code and Sections 3(i) (R)(S) of the S.C. and S.T. (Prevention of Atrocities) Act.
Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case due to previous enmity. As a matter of fact, the
Patna High Court CR. APP (SJ) No.619 of 2019(5) dt.18-06-2019 2/2
appellant had given money to the present informant and when he demanded his money some hot exchange took place, for which the present appellant has lodged Barbigha P.S. Case No. 379 of 2015, in retaliation to which the present false case has been filed implicating the appellant. Moreover, after investigation police submitted final form against this appellant, however on protest cognizance has been taken.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/(Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Sheikhpura in connection with Sheikhpura SC/ST P.S. Case No. 6 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is
set aside.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the appellant is entitled to release on bail in an AT redevelopment case pending before another court.
1 provisions across 1 enactments
Raja Ram Sharma
The State of Bihar
Rinku Devi
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
