Shani Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2006 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== 1.
SHANI SINGH SON OF RAMASHANKAR SINGH R/O VILLAGERANGLALHI, P.S.- DHANHA, DIST.- WEST CHAMPARAN 2.
SONU SINGH SON OF MUKHTAR SINGH R/O VILLAGERANGLALHI, P.S.- DHANHA, DIST.- WEST CHAMPARAN 3.
RAJU SINGH SON OF BAHADUR SINGH R/O VILLAGERANGLALHI, P.S.- DHANHA, DIST.- WEST CHAMPARAN 4.
GOLU SINGH SON OF BHOLA SINGH R/O VILLAGE- RANGLALHI, P.S.- DHANHA, DIST.- WEST CHAMPARAN 5.
SUDHIR SINGH SON OF LATE THAKUR SINGH R/O VILLAGERANGLALHI, P.S.- DHANHA, DIST.- WEST CHAMPARAN ... ... Appellant/s
Versus
The State of Bihar BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Suresh Prasad Sharma, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-08-2021 Heard Mr. Suresh Prasad Sharma, learned counsel for the appellants and Mr. Binay Krishna, learned Spl. PP for the State.
The appellant have challenged the order dated 19.09.2020 passed by the learned 1st Additional Sessions Judge cum Spl. Judge, Bettiah, West Champaran in A.B.P. No. 1386 of 2020 arising out of Dhanha P.S. Case No. 170 of 2020, whereby the prayer
Patna High Court CR. APP (SJ) No.2006 of 2021(2) dt.21-08-2021 2/3 made on behalf of the appellants for grant of pre-arrest bail for the offences under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code and Sections 3(i) (r)(s)(w) of the SC/ST (Prevention of Atrocities) Act has been rejected.
The accusation in the FIR is of the appellants having assaulted and abused the members of the prosecution party.
Learned counsel for the appellants has submitted that there is a counter version of the occurrence also and the injuries suffered by the victims of this case are reported to be simple in nature. This Court has further been informed that finding the accusation and the pending litigation to be frivolous and not worthwhile prosecuting, the parties have settled their differences and the informant now does not wish to prosecute the appellants any further.
Regard being had to the aforestated facts, the order dated 19.09.2020 is set aside.
Patna High Court CR. APP (SJ) No.2006 of 2021(2) dt.21-08-2021 3/3 The appeal stands allowed.
On the appellants surrendering before the court below within a period of eight weeks, they shall be released on bail 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 1st Additional Sessions Judge cum Spl. Judge, Bettiah, West Champaran in A.B.P. No. 1386 of 2020 arising out of Dhanha P.S. Case No. 170 of 2020.
(Ashutosh Kumar, J) krishna/- U T