Allowed

Kari Jha @ Dev Narayan Jha v. The State of Bihar

Patna HC23 Jan 2023CR. APP (SJ)/2137/2022

Case brief

AI extract

What is this about?

In a criminal appeal arising from an SC/ST atrocity case, the Patna High Court allowed the appeal, quashed the impugned bail order, and granted bail to the appellant on furnishing security bonds with two sureties, directing the lower court to follow statutory conditions for bail.

What did the court decide?

Release on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount and adhering to CrPC Section 438(2) conditions.

Kari Jha @ Dev Narayan Jha Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINALAPPEAL (SJ) No.2137 of 2022

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Arising Out of PS. Case No.-30 Year-2021 Thana- SC/ST District- Darbhanga

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

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KARI JHA @ DEV NARAYAN JHA Son of Fuleshwar Jha R/o Village - Nabharpatti, P.S.- Ali Nagar, District - Darbhanga.

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... ... Appellant/s

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Versus

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The State of Bihar

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Binda Devi Late Gulab Sada Village-Nabharpatti, Police Station-Alinagar, District-Darbhanga

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

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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4 24-01-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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This appeal is directed against the order dated 21.05.2022 passed by the 3^rd Additional Sessions Judge-cumSpecial Judge SC/ST (POA) Act, Darbhanga in A.B.P. No. 743 of 2022 arising out of Darbhanga Sadar SC/ST P.S. Case No. 30 of 2021 registered for the offence under sections 307 and other allied sections of the Indian Penal Code and section 3(i)(r)/3(i) (s) of the SC/ST (POA) Act.

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Learned counsel for the appellant submits that appellant has been falsely implicated in this case on account of previous enmity and dirty village politics. Similarly situated co-

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Patna High Court CR. APP (SJ) No.2137 of 2022(4) dt.24-01-2023 2/2

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accused persons has been granted bail by this Court vide order dated 21.10.2021 passed in Cr. Appeal (SJ) No. 3961 of 2021, as contained in Annexure-3.

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Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 3^rd Additional Sessions Judge-cum-Special Judge, SC/ST (POA) Act, Darbhanga in connection with Darbhanga Sadar SC/ST P.S. Case No. 30 of 2021 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The appeal stands allowed and the impugned order is set aside.

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(Arvind Srivastava, J)

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mcv/-

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U T

Kari Jha @ Dev Narayan Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kari Jha @ Dev Narayan Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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