Allowed

Rakesh Sahni @ Rajesh Sahni v. The State of Bihar

Patna HC12 Feb 2021CR. APP (SJ)/921/2020

Case brief

AI extract

What is this about?

The Single Judge Criminal Appeal allowed the plea for anticipatory bail. The court set aside the order denying bail and directed the issuance of bail bonds with two sureties on furnishing Rs. 10,000 each in connection with offences under the IPC and SC/ST (Prevention of Atrocities) Act.

What did the court decide?

Anticipatory bail granted for surrender within six weeks by furnishing bail bonds of Rs. 10,000 each with two sureties.

Rakesh Sahni @ Rajesh Sahni Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.921 of 2020

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Arising Out of PS. Case No.-4 Year-2016 Thana- SC/ST District- Sheohar

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

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RAKESH SAHNI @ RAJESH SAHNI Son of Badri Sahni Resident of Village-Mahuaba, P.S.-Piprahi, District-Sheohar.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Hans Lal Kumar For the Respondent/s : Mrs.Usha Kumari 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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3 12-02-2021

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Learned counsel for the appellant is directed to

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remove the defect(s), as pointed out by the office, within a period of four weeks.

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Heard learned counsel for the appellant and learned APP for the State.

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The matter relates to grant of anticipatory bail to the appellant in connection with a case registered for the offences under Sections 147, 149, 447, 323, 341, 354, 379, 504, 506 of the Indian Penal Code and Sections 3(i)(x) of the SC/ST (Prevention of Atrocities) Act, 1989.

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The prosecution case, in short is that the accused persons including the appellant abused the informant by calling caste name and they also assaulted the informant, her husband and son by fists and slaps.

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Patna High Court CR. APP (SJ) No.921 of 2020(3) dt.12-02-2021 2/3

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It has been submitted on behalf of the appellant that the appellant has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the appellant. Other coaccused have been granted anticipatory bail vide Annexure 5 to the present appeal. The alleged occurrence has not taken place within public view. Hence no offence under the SC/ST Act is attracted in the present case.

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On behalf of the State, it is submitted that the appellant is named in the F.I.R.

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In view of the aforesaid facts and circumstances, the order dated 13.01.2020, passed by the learned Additional District & Sessions Judge-cum-Special Judge-I (SC/ST), Sheohar vide A.B.P. No.491 of 2019 in connection with Sheohar SC/ST P.S. case No.4 of 2016, is set aside. The criminal appeal is allowed.

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Accordingly, the appellant, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

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Patna High Court CR. APP (SJ) No.921 of 2020(3) dt.12-02-2021 3/3

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sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cum-Special Judge-I (SC/ST), Sheohar in connection with Sheohar SC/ST P.S. case No.4 of 2016.

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(Sudhir Singh, J)

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Narendra/-

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U T

Rakesh Sahni @ Rajesh Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Sahni @ Rajesh Sahni v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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