Allowed

Lalbabu Sahni @ Lal Sahni and Anr. v. the State of Bihar

Patna HC22 Jul 2019CR. APP (SJ)/760/2019

Case brief

AI extract

What is this about?

In this criminal appeal against a refusal of anticipatory bail, the Patna High Court allowed bail, setting aside the lower court order, and released the appellants on furnishing a bond subject to Cr.P.C. Section 438(2) conditions.

What did the court decide?

Appellants released on bail of Rs. 10,000/- each with two sureties of like amount within six weeks, subject to conditions under Section 438(2) Cr.P.C.

Lalbabu Sahni @ Lal Sahni and Anr. 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.760 of 2019

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Arising Out of PS. Case No.-108 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga

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

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LALBABU SAHNI @ LAL SAHNI, Son of Ram Khelawan Sahni Resident of Village - Ratanpura, P.S.- Ashok Paper Mill, Distt - Darbhanga.

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Dilip Kumar Sahni @ Dilip Sahni Son of Lalbabu Sahni Resident of Village - Ratanpura, P.S.- Ashok Paper Mill, Distt - Darbhanga.

... ... Appellant/s

Versus

THE STATE OF BIHAR

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Shambhu Nath Jha For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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5 22-07-2019 Heard learned counsel for the appellants and learned

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Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 29.01.2019 passed by learned 1^st Addl. Sessions Judge cum Special Judge, SC/ST Act, Darbhanga in Ashok Paper Mill P.S. Case No. 108 of 2018 registered under Sections 420, 406, 467 and 468/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST Act.

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Co-accused Pravin Chandra Srivastava is said to have agreed to sell his 1½ katha of land to the informant for consideration amount of Rs.60000/- and executed an agreement

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Patna High Court CR. APP (SJ) No.760 of 2019(5) dt.22-07-2019 2/3

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to sell in her favour taking Rs.30,000/- in advance. When the informant arrived at the house of the proposed vendor and asked to execute land in her favour, he again took Rs.30000/- from her and refused to execute land and slated the informant and shoved her. Appellants who were sitting in the said house in another room emerged there and also slated her in the name of her caste and disrobed her.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case merely because co-accused Pravin Chandra Srivastava had agreed to sell land to the informant but sold out the part of the aforesaid land to the appellants in higher price. There is land dispute between the parties. Allegation of slating the informant levelled against the appellants is not specific rather general and omnibus in nature. Moreover slating is said to have been made inside the house of the co-accused Pravin Chandra Srivastava and not in public view, hence no offence under SC/ST Act is made out against the appellants. They have no criminal antecedent.

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Learned Spl. PP for the State opposed the prayer for

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bail.

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Patna High Court CR. APP (SJ) No.760 of 2019(5) dt.22-07-2019 3/3

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Having regard to the facts and circumstances of the case, let the above named appellants, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge, SC/ST Act, Darbhanga in connection with Ashok Paper Mill P.S. Case No. 108 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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U T

Lalbabu Sahni @ Lal Sahni and Anr. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Lalbabu Sahni @ Lal Sahni and Anr. v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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