Allowed

Prafulla Chandra Morya v. The State of Bihar

Patna HC15 Sept 2022CR. APP (SJ)/134/2022

Case brief

AI extract

What is this about?

In an oral order disposing of a criminal appeal against the rejection of a bail application, the Patna High Court allowed the appeal and set aside the impugned order of the Special Judge (SC/ST Act), directing the release of the appellant on bail.

What did the court decide?

The impugned order rejecting bail was set aside; the appellant was directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.

Prafulla Chandra Morya Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.134 of 2022

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Arising Out of PS. Case No.-182 Year-2020 Thana- BUNIYAD GANJ District- Gaya

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

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PRAFULLA CHANDRA MORYA SON OF SHRI NARSINGH NARAYAN R/O VILLAGE- RAMPUR, P.S.- MAKHADUMPUR, DISTRICTJEHANABAD

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... ... Appellant/s

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Versus

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The State of Bihar

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BHOLA CHAUDHARY SON OF LATE KESHO CHAUDHARY R/O VILLAGE- RUPASPUR, P.S.- BUNIYADGANJ, DISTRICT- GAYA

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ashok Kumar Sinha For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 15-09-2022

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As per office notes, notice has been validly served

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upon respondent no.2 but not turn up.

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Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

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The instant appeal has been filed by the appellant against the order dated 27.10.2021 passed by learned Exclusive Special Judge (SC/ST (POA) Act) Gaya in ABP No. 2797 of 2021/134 of 2021 whereby the prayer for bail of the appellant in connection with Buniyadganj P.S. Case no. 182 of 2020 under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and sections 3(i)(r)(s)/2(va) of SC/ST Act was rejected.

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Allegations against the appellant is of abusing by

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Patna High Court CR. APP (SJ) No.134 of 2022(4) dt.15-09-2022 2/3

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taking the caste name of the informant and assaulting him while he protested the appellant for not constructing boundary wall on his land.

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It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to ill motive. The present case is counter blast of Buniyadganj P.S. Case no. 181 of 2021 lodged by the petitioner’s uncle against the informant of the present case. He has not taken the cast name of the informant in public view to disgrace his image. No offence is made out under the provisions of the SC/ST Act against him. He has got no criminal antecedent.

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The appeal for bail is opposed by learned Spl. P.P. for the State.

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Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 27.10.2021 passed in A.B.P. No 2797 of 2021/134 of 2021 is hereby set aside.

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The appellant is directed to be enlarged on bail in connection with Buniyadganj P.S. Case no. 182 of 2020 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

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Patna High Court CR. APP (SJ) No.134 of 2022(4) dt.15-09-2022 3/3

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with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST (POA) Act), Gaya.

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(Sunil Kumar Panwar, J)

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sushma/aman

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Prafulla Chandra Morya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prafulla Chandra Morya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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