Allowed

Niranjan Sharma v. The State of Bihar

Patna HC5 Dec 2020CR. APP (SJ)/1437/2020

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the rejection of a regular bail application. The court, considering the appellant's custody duration and the nature of the injuries, granted bail with a bond of Rs. 10,000 and two sureties in a caste-atrocity case involving death.

What did the court decide?

Appellant released on regular bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Niranjan Sharma Vs The State of Bihar — Caste Atrocities | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1437 of 2020

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Arising Out of PS. Case No.-213 Year-2019 Thana- SAKURABAD District- Jehanabad

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

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Niranjan Sharma Age – 40 years, Male, Son of Mohan Sharma. Resident of Village- Pokhawan P.S.- Shakurabad, Distt.- Jehanabad.

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... ... Appellant/s

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Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sandeep Kumar Shai For the Respondent/s : Mr. Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 05-12-2020

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Heard Mr. Sandeep Kumar Shahi, learned counsel for

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the appellant and Mr. Sadanand Pawan, learned counsel appearing for the State through video conferencing.

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The present appeal is directed against the order dated

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29.02.2020 passed by learned Addl. Sessions Judge 1^st Jehanabad in Special SC / ST P.S. Case No. 180 of 2019 arising out of Shakurabad P.S. Case No. 213 of 2019 registered for the offence under Section 341 / 323/ 325/ 307 / 504 / 302 / 506 / 34 of the I.P.C. and Section 3 (1)(r)(s), 3 (2)(v) of the SC / ST (Prevention Of Atrocities) Act whereby the regular bail application of the appellant has been rejected

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The allegation as per the First Information Report is that the appellant alongwith other accused persons arrived at the house of the informant and asked his father as to why his clothes

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Patna High Court CR. APP (SJ) No.1437 of 2020(3) dt.05-12-2020 2/3

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were not pressed early and started to abuse him by his caste name and on objection raised by his father, the appellant alongwith other accused persons brutally thrashed him by fists and slaps and pushed him down on Earth and climbed on his chest, due to which he died in hospital.

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Learned counsel for the appellant submits appellant has not committed any offence in the manner alleged and even if the allegation levelled in the First Information Report is taken on its face value, at best it will come under the purview of Section 304 of the I.P.C. and not 302 of the I.P.C. Learned counsel further submits that from perusal of the First Information Report it would be evident that the victim has died due to head injury not caused by the appellant and appellant has remained in custody since 14.11.2019.

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Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that the appellant is in custody since 14.11.2019 , I am inclined to grant regular bail to the appellant.

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Accordingly, let the appellant, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Addl. Sessions Judge Jehanabad in

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Patna High Court CR. APP (SJ) No.1437 of 2020(3) dt.05-12-2020 3/3

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connection with Special SC / ST P.S. Case No. 180 of 2019 arising out of Shakurabad P.S. Case No. 213 of 2019.

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It is made clear that at the time of furnishing bail bond

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all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J)

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praful/-

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Niranjan Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niranjan Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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