Om Prakash Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Om Prakash Sah Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: upon arrest or surrender before the learned court below within four weeks, release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act, East Champaran, Motihari, subject to conditions under Section 438(2) Cr.P.C.; impugned order dated 20.01.2024 set aside.

Issue for consideration

Whether the appellant is entitled to anticipatory bail in connection with Patahi P.S. Case No. 231 of 2023 (IPC Sections 147, 149, 341, 323, 324, 325, 307, 504, 506, 379, 354; SC/ST Act Sections 3(i)(r)(s), w(i), 3(2)(va)), the Special Judge having rejected his prayer by order dated 20.01.2024. +1 more

Court's answer

The appeal is allowed and the impugned order dated 20.01.2024 rejecting anticipatory bail is set aside.

Ratio / Principle

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court was inclined to allow the appeal.

Key takeaways

In the event of arrest or surrender before the learned court below within four weeks, the appellant is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act, East Champaran, Motihari, subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶29

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No.1228 of 2024 (oral order dated 19-07-2024, Sunil Kumar Panwar, J): Appeal by Om Prakash Sah against rejection of his anticipatory bail prayer by the Special Judge, SC/ST Act, East Champaran, Motihari (order dated 20.01.2024) in Patahi P.S. Case No. 231 of 2023, wherein he is charged under Sections 147, 149, 341, 323, 324, 325, 307, 504, 506, 379, 354 IPC and Sections 3(i)(r)(s), w(i), 3(2)(va) of the SC/ST Act for allegedly entering the informant's house armed, abusing her by caste name and assaulting her family. Taking into consideration that the allegations against the appellant are general and omnibus, the Court allowed the appeal, set aside the impugned order, and directed that on arrest or surrender within four weeks the appellant be released on a bail bond of Rs. 10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1228 of 2024

Arising Out of PS. Case No.-231 Year-2023 Thana- PATAHI District- East Champaran

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

Om Prakash Sah Son of Raja Ram Sah Resident of village - Patahi Tola Nankar, P.S.- Patahi, District - East Champaran.

... ... Appellant/s

Versus

The State of Bihar

Mithlesh Devi Wife of Nanhak Das Resident of village - Patahi Tola Nankar, P.S.- Patahi, District - East Champaran.

... ... Respondent/s

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

Appearance : For the Appellant/s : Mr.Abhishek Kumar For the Respondent/s : Mr.Usha Kumari 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

3 19-07-2024

Heard learned counsel for the appellant, learned

counsel for the informant and learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 20.01.2024 passed by learned Special Judge, SC/ST Act, East Champaran, Motihari whereby the prayer for anticipatory bail of the appellants in connection with Patahi P.S. Case no. 231 of 2023 under Section 147, 149, 341, 323, 324, 325, 307, 504, 506, 379, 354 of the Indian Penal Code and sections 3(i)(r)(s), w(i),

3(2)(va) of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.1228 of 2024(3) dt.19-07-2024 2/3

Allegations against the appellant and other co-

accused persons are that they, variously armed, entered into the house of informant and abused her by calling her caste name. It is further alleged that they assaulted the informant as well as her family members due to which they sustained injuries.

It is submitted by learned counsel for the

appellant that appellant has been falsely implicated in this case. There is inordinate delay of two days in lodging the F.I.R. There is case and counter case between the parties and in the background of land dispute, the appellant is implicated in this case. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. A statement

has been made in para 3 of the appeal that appellant has no criminal antecedent.

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

Having heard learned counsel for the parties and

taking into consideration that there is general and omnibus

Patna High Court CR. APP (SJ) No.1228 of 2024(3) dt.19-07-2024 3/3

allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 20.01.2024 is hereby set aside.

The above named appellant, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, East Champaran, Motihari in connection with Patahi P.S. case No. 231 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J)

Sushma/-

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