Prakash Sah vs The State Of Bihar on 1 May, 2019

[Cites 8, Cited by 0]

Patna High Court

Prakash Sah vs The State Of Bihar on 1 May, 2019

Equivalent citations: AIRONLINE 2019 PAT 544

Author: Prakash Chandra Jaiswal

Bench: Prakash Chandra Jaiswal

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.1814 of 2019
 Arising Out of PS. Case No.-5 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
Prakash Sah Son of Lalchand Sah Resident of Village - Gadake, P.S.-
Adhaura, District - Kaimur (Bhabua).
                                                     ... ... Appellant/s
                                  Versus
The State of Bihar
                                                  ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s     :        Mr. Dharmendra Kumar Singh
For the Respondent/s    :        Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL JUDGMENT
 Date : 01-05-2019

                  Heard learned counsel for the appellant and

 learned Spl. PP for the State.

                  This is an appeal under Section 14(A)(2) of the

 Scheduled Castes and Scheduled Tribes (Prevention of

 Atrocities) Act against the refusal of prayer for bail vide order

 dated 06.04.2019 passed by learned 1st Addl. Session Judge-

 cum-Special Judge, Kaimur at Bhabua in Adhaura P.S. Case

 No. 5 of 2019 registered under Sections 341, 323, 379, 504,

 506/34 of the Indian Penal Code and Sections 3(1)(R)(S) of the

 Scheduled Castes and Scheduled Tribes (Prevention of

 Atrocities) Act.

                 Five       named    accused      persons      including      the

 appellant intercepted Tata Magic vehicle of the informant near

 the gumti of Awadhesh Singh Kharwar and slated him in the
 Patna High Court CR. APP (SJ) No.1814 of 2019 dt.01-05-2019
                                             2/3




         name of his caste and assulted dragging from the vehicle. and

         Dina Chaurasiya took out Rs. 1300 from his pocket and

         extended threatening in case of plying the vehicle on the

         aforesaid route.

                          It is submitted by learned counsel for the appellant

         that the appellant has no concern with the aforesaid occurrence.

         Appellant has been falsely implicated in this case due to dirty

         village politics. Allegation of assault and slating levelled against

         the appellant is general and omnibus in nature. The occurrence

         is said to be of 19.01.2019, but the FIR has been lodged on

         25.01.2019

after abnormal and inordinate delay of about six days without assigning any explanation of the aforesaid delay. Appellant has no criminal antecedent and has been languishing in custody since 03.04.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Session Judge-cum-Special Judge, Kaimur at Bhabua in Adhaura P.S. Case No. 5 of 2019.

Patna High Court CR. APP (SJ) No.1814 of 2019 dt.01-05-2019 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          02.05.2019
Transmission Date       02.05.2019

Legal Document View

Unlock Advanced Research with PRISMAI

Patna High Court