Allowed

Vakil Sah @ Wokil Sah v. The State of Bihar

Patna HC13 Dec 2023CR. APP (SJ)/671/2023

Case brief

AI extract

What is this about?

In this bail appeal under the SC/ST Act against the rejection of a bail application, the High Court admitted the appeal in principle. The appellant argued false implication and delay in FIR. The Court granted bail on surrender or arrest within six weeks upon furnishing a bond of Rs.25,000 with two sureties, setting aside the impugned order.

What did the court decide?

The appellant is enlarged on bail in the event of arrest or surrender within six weeks by furnishing a bond of Rs.25,000 with two sureties of the like amount, subject to Section 438(2) Cr.P.C.

Vakil Sah @ Wokil Sah 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.671 of 2023

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Arising Out of PS. Case No.-16 Year-2022 Thana- SC/ST District- East Champaran

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Vakil Sah @ Wokil Sah S/O Triveni Sah R/O Village- Kamal Pakari, P.S.Kalyanpur, Distt- East Champaran.

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... ... Appellant/s

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Versus

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The State of Bihar

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Jagmati Devi W/o Puneydeo Ram R/o Village- Narayanpur Tola Kamal Pakari, P.S.- Kalyanpur, Distt- East Champaran.

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... ... Respondent/s

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Appearance :

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For the Appellant/s : Mr.Madhurendra Kumar For the Respondent/s : Mr.Sadanand Paswan

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 13-12-2023

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

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Learned Special Public Prosecutor for the State has informed that in compliance of the order dated 05.07.2023, he has informed the informant/complainant but none is present on his/her behalf.

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This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the ‘SC/ST Act’) against the refusal of prayer for bail vide order dated 30.11.2022, passed by learned Special Judge (SC/ST), East Champaran, Motihari in connection with SC/ST P.S. Case No. 16 of 2022, registered under Sections 147, 149, 341,323,

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Patna High Court CR. APP (SJ) No.671 of 2023(3) dt.13-12-2023 2/3

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354(B), 504, 506/34 of the IPC and Sections 3(1) (a) (r) (s), W(1) 3(2) (va) of SC/ST Act.

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Allegation against the appellant is that he along with other accused persons by forming an unlawful assembly, armed with weapons reached at the house of the informant and assaulted the prosecution party.

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Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. He submits that occurrence took place on 19.05.2022 but FIR has been lodged on 27.05.2022 after delay of 8 days and there is no explanation for such delay. He submits that there is general and omnibus allegation levelled against the appellant. He submits that there is no specific overt act against the appellant to abuse the informant by taking caste name. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 13.09.2023 passed in Cr. Appeal (SJ) No. 625 of 2023. He further submits that appellant has two criminal antecedent as stated in para-3 of this appeal.

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However, learned Special P.P. for the State opposes the prayer for bail.

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Considering the facts and circumstances of the

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Patna High Court CR. APP (SJ) No.671 of 2023(3) dt.13-12-2023 3/3

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case and the fact that there is delay in lodging the FIR, let the above named appellant in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST), East Champaran, Motihari in connection with SC/ST P.S. Case No. 16 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and the appeal is allowed.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Vakil Sah @ Wokil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vakil Sah @ Wokil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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