Chanchan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.840 of 2020 Arising Out of PS. Case No.-290 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== Chanchan Rai, aged about 35 years, male, Son of Chandrika Rai, R/o Bakhari, Bairagi Tola, P.S.- Kalyanpur, District- East Champaran at Motihari. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Krishna Kant Singh, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2020 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Sadanand Paswan, learned APP for the State.

This appeal is directed against the order dated 10.02.2020 passed by the learned 1st Additional Sessions Judge-Cum-Special Judge, SC/ST Act, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 290 of 2019, registered for the offences under Sections 341, 323 and 504/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of bail of

Patna High Court CR. APP (SJ) No.840 of 2020(3) dt.01-06-2020 2/3 the appellant has been rejected.

The appellant, who is a Public Distribution Shop owner, is alleged to have refused delivery of essential items to the informant and others and also abused them by taking their caste name.

It has been submitted on behalf of the appellant that in fact the informant and other beneficiaries had wanted extra units during the time of Chhath festival and when this was denied, this false accusation has been levelled.

The appellant appears to be in custody since 24.01.2020.

Regard being had to the nature of accusation against the appellant, the order dated 10.02.2020 is setaside. The appellant/Chanchan Rai is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-Cum-Special Judge, SC/ST Act,

Patna High Court CR. APP (SJ) No.840 of 2020(3) dt.01-06-2020 3/3 East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 290 of 2019.

The appeal stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T