Allowed

Gudda Singh @ Saharsh Samir v. the State of Bihar

Patna HC7 Dec 2023CR. APP (SJ)/2504/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail appeal filed by Gudda Singh against the rejection of bail in Hasanpur P.S. Case No. 30 of 2023 involving charges under the SC/ST Act and various sections of the IPC. The court held that the appeal was to be allowed despite general allegations against the appellant.

What did the court decide?

Appellant enlarged on bail in Hasanpur P.S. Case No. 30 of 2023 upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Gudda Singh @ Saharsh Samir Vs the State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2504 of 2023

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Arising Out of PS. Case No.-30 Year-2023 Thana- HASANPUR District- Samastipur

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

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GUDDA SINGH @ SAHARSH SAMIR S/O KAMAL SINGH @ VAIDEHI SHARAN SINGH R/O Village-Atapur, P.S. Hasanpur, Dist.-Samastipur

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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CHANDA DEVI W/O HARI CHANDRA KHATABAY R/O Village Sakuni Ward No. 6, P.S. Hasanpur, Dist. Samastipur

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Arjun Prasad For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 07-12-2023

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

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The instant appeal has been filed by the appellant against the order dated 17.04.2023 passed by learned Special Judge, SC/ST(POA) Act, Samastipur whereby the prayer for bail of the appellant in connection with Hasanpur P.S. Case no. 30 of 2023 under Sections 342, 456, 354(B), 380, 386, 307, 325, 323, 504, 506, 427/34 of the Indian Penal Code and section 3(i)(r)(s) of SC/ST Act was rejected.

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Allegation against the appellant along with other accused persons is that they assaulted the informant and her

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Patna High Court CR. APP (SJ) No.2504 of 2023(5) dt.07-12-2023 2/3

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husband due to which both have sustained injury.

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It is submitted by learned counsel for the

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appellant that appellant is innocent and has committed no offence. He has been falsely implicated in this case due to local village politics. The allegations levelled against the appellant are false, baseless and concocted. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. It is further submitted that the appellant along with other coaccused and villagers have informed administration about the conduct of Mukhiya (informant) and her husband due to these reasons informant and her husband got annoyed and due to this animosity they misused the privilege of SC/ST Act lodged a false case under the provisions of SC/ST Act. Moreover, the appellant is languishing in judicial custody since 28.03.2023.

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

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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 17.04.2023 is hereby set aside.

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Patna High Court CR. APP (SJ) No.2504 of 2023(5) dt.07-12-2023 3/3

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7.The appellant is directed to be enlarged on bail in

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connection with Hasanpur P.S. Case No.30 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, SC/ST(POA) Act, Samastipur.

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(Sunil Kumar Panwar, J)

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lata/- U T

Gudda Singh @ Saharsh Samir v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Gudda Singh @ Saharsh Samir v. the State of Bihar

Case brief

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