Patna High Court - Orders
Bipin Jha @ Bipin Kumar Jha vs The State Of Bihar on 13 July, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1328 of 2021
Arising Out of PS. Case No.-69 Year-2020 Thana- SC/ST District- Samastipur
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1. BIPIN JHA @ BIPIN KUMAR JHA, S/O RAM MOHAN JHA R/O
VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
2. RAM SAKAL MISHRA S/O LATE SUBHKANT MISHRA @ RAM
KUMAR JHA R/O VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR,
DISTRICT-SAMASTIPUR.
3. RANJEET KUMAR JHA @ RANJEET JHA S/O LATE SUBHKANT
MISHRA @ RAM KUMAR JHA R/O VILLAGE-KAMTAUL WARD NO.
3, P.S-TAJPUR, DISTRICT-SAMASTIPUR.
4. SANJEEV KUMAR JHA S/O MAHENDRA PRASAD JHA R/O
VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
5. RAM PRAVESH JHA S/O SUBANSH JHA @ SUMAN JHA R/O
VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
6. MAHENDRA PRASAD JHA S/O LATE JATAN JHA @ JAICHANDRA
JHA R/O VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
7. RAM KUMAR JHA S/O LATE JATAN JHA @ JAICHANDRA JHA R/O
VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
8. RAJU JHA @ GAJENDRA JHA S/O LATE RUPKANT JHA R/O
VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR, DISTRICT-
SAMASTIPUR.
9. DINESH JHA @ DINESH KUMAR JHA S/O NARAYAN JHA @ NAMO
NARAYAN JHA R/O VILLAGE-KAMTAUL WARD NO. 3, P.S-TAJPUR,
DISTRICT-SAMASTIPUR.
... ... Appellant/s
Versus
THE STATE OF BIHAR
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Santosh Kumar
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 13-07-2021Heard Mr. Din Bandhu Singh, learned counsel Patna High Court CR. APP (SJ) No.1328 of 2021(2) dt.13-07-2021 2/4 for the appellants and Mr. Sadanand Paswan, learned Special Public Prosecutor for the State.
The appellants have challenged the order dated 07.01.2021, passed by the learned 1 st Additional Sessions Judge, Samastipur, in A.B.P. No. 2284 of 2020, arising out of Samastipur SC/ST P. S. Case No. 69 of 2020, dated 05.11.2020, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences punishable under Sections 341, 323, 447, 448, 147, 354, 504 and 506 of the Indian Penal Code and Section 3 (I) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been rejected.
It has been submitted on behalf of the appellants that the accusation is of the appellants misbehaving with the informant and others and of also assaulting them. The occurrence arose out of a trifle. What has been canvassed before this Court is that the F.I.R. has been lodged after seven (7) months of the Patna High Court CR. APP (SJ) No.1328 of 2021(2) dt.13-07-2021 3/4 occurrence. There is a counter version of the case also. Two of the appellants were not even present in the village when the occurrence is said to have taken place.
The learned Advocate for the appellants, therefore, submits that no offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can at all be said to have been made out.
Regard being had to the nature of accusation and the background facts, the order dated 07.01.2021, passed by the learned 1st Additional Sessions Judge, Samastipur, is set aside.
The appeal stands allowed.
The appellants, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. APP (SJ) No.1328 of 2021(2) dt.13-07-2021 4/4 1st Additional Sessions Judge, Samastipur, in connection with Samastipur SC/ST P. S. Case No. 69 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/-
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