Ramavatar Sahni @ Ram Avatar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1365 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- ARER District- Madhubani ====================================================== 1.

RAMAVATAR SAHNI @ RAM AVATAR SAHNI, Son of Faudar Sahni, 2.

Raju Sahni @ Raju Kumar Sahni Ramavatar Sahni @ Ram Avatar Sahni, both are Residents of Village- Blain, P.S. - Arer, District - Madhubani. ... ... Appellants

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Subhash Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the appellants and learned Special P.P. for the State.

The appeal has been filed by the appellants against the order dated 11.01.2021 by the learned Additional Sessions Judge-1st cum Special Judge S.C./S.T. Act, Madhubani whereby the prayer for bail of the appellants were rejected, in connection with Arer P.S. Case No. 114/2020, corresponding to G.R. No. 155 of 2020 registered for the offences under Sections 341, 323, 324, 325, 307, 354(B), 448, 452, 380, 427, 384, 504, 506, 147, 148 of the Indian Penal Code and under Sections 3 (i), (iii), (xi), (r), (s), (iii), (ii), (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellants alongwith other

Patna High Court CR. APP (SJ) No.1365 of 2021(3) dt.08-04-2021 2/3 accused persons is of abusing the informant and looted cash and jewelry from the house of the informant and also injured his wife.

Learned counsel for the appellants submits that the appellants are innocent and have been committed no offence in this case. He further submits that there is no overt act against the appellants and there are general and omnibus allegation against them. There is specific allegation against the co-accused namely Tirpit Sahni who has been granted bail before the learned court below itself. The appellants are in custody since 30.12.2020 and have got no criminal antecedent except in connection with Madhubani Mahila P.S. Case No.35 of 2017, registered for the offence under Section 498(A)/34 of the Indian Penal Code. Learned Special P.P. for the State opposed the prayer for bail of the appellants.

Considering the aforesaid facts and circumstances of this case, let the appellants, above named are directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Arer P.S. Case No. 114/2020. Accordingly, the order dated 11.01.2021 is set aside

Patna High Court CR. APP (SJ) No.1365 of 2021(3) dt.08-04-2021 3/3 and this appeal is allowed.

(Anjani Kumar Sharan, J) amitkumar/- U T