Allowed

Lalji Patel v. The State of Bihar

Patna HC9 Oct 2020CR. APP (SJ)/1442/2020

Case brief

AI extract

What is this about?

Appeal against rejection of bail in a case under the SC/ST Act and IPC. The High Court allowed the appeal, setting aside the lower court's order and ordered the appellant's release on regular bail by furnishing a bond and sureties, noting his detention over a year.

What did the court decide?

Impugned order set aside; appellant released on regular bail on furnishing bond of Rs. 10,000 with two sureties of like amount.

Lalji Patel Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1442 of 2020

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Arising Out of PS. Case No.-117 Year-2019 Thana- PUNAURA District- Sitamarhi

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

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LALJI PATEL Son of Late Vija Patel @ Bija Patel Resident of Village-Pamra, P.S.-Punaura, District-Sitamarhi.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Alok Kumar Alok, Advocate For the Respondent/s : Ms. Usha Kumari No. 1, Spl. P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 09-10-2020

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Heard Mr. Alok Kumar Alok, learned counsel for the appellant and Ms. Usha Kumari No. 1, learned Special Public Prosecutor appearing for the State through video conferencing.

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This appeal has been preferred on behalf of the appellant for setting aside the order dated 17.06.2020 passed by the learned 1^st A.D.J. - cum – Special Judge (SC/ST Act), Sitamarhi, whereby the prayer for regular bail of the appellant in connection with Panaura P.S. Case No. 117 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

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The allegation against the appellant as per the First Information Report is that he along with other accused persons

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Patna High Court CR. APP (SJ) No.1442 of 2020(2) dt.09-10-2020 2/3

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surrounded the informant and abused him by taking his caste name. It has further been alleged that the appellant dragged the informant by putting cloth on his neck and assaulted him by means of knife on his head.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in this case due to previous enmity inasmuch as earlier the informant had lodged First Information Report against the appellant and others bearing Panaura P.S. Case No. 69 of 2019 registered under Sections 302/34 of the Indian Penal Code and Section 3(i)(v)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for murder of his father. Learned counsel further submits that the appellant has not committed any offence in the manner alleged and from perusal of the impugned order it would be evident that the injury caused to the informant has been found to be simple in nature. Learned counsel also submits that the appellant is in custody since 11.9.2019 and from perusal of the First Information Report no offence under SC/ST Act is made out against the appellant.

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Having heard learned counsel for the parties and taking into consideration the materials available on record and also the fact that the appellant has remained in custody since

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Patna High Court CR. APP (SJ) No.1442 of 2020(2) dt.09-10-2020 3/3

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11.09.2019 i.e. for about more than one year, this appeal is allowed and the impugned order dated 17.06.2020 passed by Shri Shiv Kumar Shukla, learned 1^st A.D.J. - cum – Special Judge (SC/ST Act), Sitamarhi, in connection with Panaura P.S. Case No. 117 of 2019, is hereby set aside.

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Accordingly, let the appellant, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Shiv Kumar Shukla, learned 1^st A.D.J. - cum -Special Judge (SC/ST Act), Sitamarhi, in connection with Panaura P.S. Case No. 117 of 2019.

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It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Lalji Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalji Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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