Sipahi Sahani And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.788 of 2019 Arising Out of PS. Case No.-17 Year-2018 Thana- SC/ST BETTIAH District- West Champaran ====================================================== 1.

SIPAHI SAHANI 2.

Upendra Sahani 3.

Birendra Sahani 4.

Devendra Sahani All sons of Late Chhabila Sahani, resident of village-Bahuarwa, P.SJagdishpur, District-West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Bettiah SC & ST P.S.Case No.17 of 2018 dated 18.4.2018 , registered for offences punishable under Sections 341, 323, 504 of the Indian Penal Code and Section 3(1)(r)2 (va) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants is of assaulting and abusing the informant by caste name.

Submission of the learned counsel for the appellants is that all the sections are bailable and the dispute arose with respect to payment of Rs.100/- in place of 125/- and making ornamental allegation of abusing by caste name, the present case has been lodged.

Patna High Court CR. APP (SJ) No.788 of 2019 dt.06-03-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge cum Special Judge, West Champaran, Bettiah in connection with SC & ST P.S.Case no.17 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date