Bharat Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.989 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- COMPLAINT CASE District- Sheohar ====================================================== 1.
BHARAT SAHNI Son of Narayan Sahni Resident of village- Amwa, P.S.- Piprahi, District- Sheohar 2.
Raghuni Sahni Son of Nankhu Sahni Resident of village- Amwa, P.S.- Piprahi, District- Sheohar 3.
Dharmendra Sahni Son of Bharat Sahni Resident of village- Amwa, P.S.- Piprahi, District- Sheohar 4.
Pulendra Sahni @ Punindra Sahni @ Fulendar Sahni Son of Bharat Sahni Resident of village- Amwa, P.S.- Piprahi, District- Sheohar 5.
Guddu Sahni Son of Raghuni Sahni Resident of village- Amwa, P.S.- Piprahi, District- Sheohar ... ... Appellant/s
Versus
1.
THE STATE OF BIHAR 2.
Bachhi Devi Wife of Bipat Ram R/o village- Belwa, P.S.- Piprahi, DistrictSheohar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ashok Kumar Jha For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-06-2019 Heard learned counsel for the appellants and the learned counsel appearing for the State.
This appeal is directed against the order dated 16.02.2019 passed by 1st Additional Sessions Judge-cumSpecial Judge, Sheohar in A.B.P. No. 31 of 2019 in connection with Complaint Case No. C1-5 of 2018 registered under sections 323/34 of the Indian Penal Code and Sections 3(i) (x) of the S.C. and S.T. (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.989 of 2019(3) dt.18-06-2019 2/3 Learned counsel appearing for the appellants submits that the appellants have been falsely implicated in this case due to admitted land dispute between the parties. The present complaint has been filed after 14 days of the alleged occurrence without there being any plausible explanation for the alleged delay. The appellants are men of clean antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellants, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cumSpecial Judge, Sheohar in connection with Complaint Case No. C1-5 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.
This appeal is allowed and the impugned order is set aside.
(Arvind Srivastava, J) mcv/- U T
Patna High Court CR. APP (SJ) No.989 of 2019(3) dt.18-06-2019 3/3