Ram Sevak Sah @ Ranjit Sah @ Ram Sevak Sahu @ Ranjit Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.944 of 2019 Arising Out of PS. Case No.-30 Year-2015 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== RAM SEVAK SAH @ RANJIT SAH @ RAM SEVAK SAHU @ RANJIT SAHU Son of Mauje Sah @ Moje Lal Shah @ Moje Lal Sahu Resident of Village - Mahinathpur, P.S.- Bhairavsthan, District - Madhubani. ... ... Appellant.

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gagan Deo Yadav For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 19.01.2019, passed by learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Madhubani in connection with Bhairab Asthan P.S. Case No. 30 of 2015 registered under Sections 342, 323, 504, 420, 467, 468, 120 B, 363 and 364 of the Indian Penal Code and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Appellant along with other three named accused persons took the brother of the informant to Chandigarh with

Patna High Court CR. APP (SJ) No.944 of 2019(5) dt.09-08-2019 2/3 them assuring his mother of earning lucrative wages by him there but his brother is traceless and on quizzing the appellant on arrival at his house about his brother they slated and assaulted him.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. Appellant has been falsely implicated in the case. As a matter of fact, he has taken the brother of the informant with him to Chandigarh with the consent of his mother for earning money there and he was working in his sweet meat shop but, later on, he escaped from the said shop and the appellant has no knowledge of his whereabout. Regarding his missing the appellant has lodged a Sanha at P.S. Chandigarh. Independent witnesses in the case diary have also supported the aforesaid case of the appellant regarding escaping of the victim from the shop of the appellant to some unknown place. Appellant has no criminal antecedent and has been languishing in custody since 25.09.2019. 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 released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. APP (SJ) No.944 of 2019(5) dt.09-08-2019 3/3 with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge cum Special Judge SC/ST Act, Madhubani in connection with Bhairab Asthan P.S. Case No. 30 of 2015.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Prakash Chandra Jaiswal, J) Trivedi/- U T