Patna High Court - Orders
Ram Pyare Bind @ Pyare Bind vs The State Of Bihar on 4 November, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3688 of 2019
Arising Out of PS. Case No.-120 Year-2019 Thana- CHAND District- Kaimur (Bhabua)
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1. RAM PYARE BIND @ PYARE BIND Son of Late Bhagu Bind Resident of
Village - Diwane, P.S.- Chand, District- Kaimur at Bhabua
2. Lalmuni Bind Son of Late Bhagu Bind Resident of Village - Diwane, P.S.-
Chand, District- Kaimur at Bhabua
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Tribhuwan Narayan
For the Respondent/s : Mr. Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
3 04-11-2019Heard learned counsel for the appellants and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 20.07.2019 passed by learned 1st Addl. Sessions Judge cum Special Judge, Kaimur at Bhabua in Chand P.S. Case No. 120 of 2019 registered under Sections 341, 323, 379, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the SC/ST Act.
While the informant was cooking food in the orchard, four named accused persons including the appellants armed with garasa, bhala and katta arrived there and appellant Pyare Bind assaulted on the head of his father by means of Patna High Court CR. APP (SJ) No.3688 of 2019(3) dt.04-11-2019 2/3 garasa inflicting head injury to him and on protest made by the informant Kalika Bind assaulted on his head by means of lathi, Triveni Bind also assaulted his father by means of lathi and Lal Muni Bind took out Rs.10000/- from the pocket of his father. He also resorted 3-4 rounds firing.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. Appellants have been falsely implicated in the case due to animosity and dirty village politics. There is case and counter case between the parties. Injuries sustained by the informant and his father are simple in nature. Moreover doctor has found injury on the head of the father of the informant inflicted by hard and blunt substance and not by garasa i.e. sharp edged weapon which creates doubt about the prosecution case. Allegation of theft is super addition. Appellants have no criminal antecedent and have been languishing in custody since 27.06.2019.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellants are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with Patna High Court CR. APP (SJ) No.3688 of 2019(3) dt.04-11-2019 3/3 two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, Kaimur at Bhabua in connection with Chand P.S. Case No. 120 of 2019.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/-
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