Sona Lal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1077 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== SONA LAL SINGH Son of Late Ramayan Singh Resident of VillageAmethi, P.S.- Nokha, District- Rohtas. At present Panchayat Sachiv, Chandi, P.S.- Ankorhigola, District- Rohtas.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ramchandra Singh For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2021 Heard the parties.
Learned counsel for the appellant is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The matter relates to grant of anticipatory bail to the appellant in connection with Ankorhi Gola P.S. Case No. 178 of 2019 registered for the offences under Sections 161, 162, 164, 166, 171, 172, 406, 409, 465, 467, 468, 506, 509/34 of the Indian Penal Code and Section 3(x) of the SC/ST Act. Allegedly, the accused persons took sign of the informant on blank cheque forcibly and withdrew the amount, meant for Nal Jal Yojana. The work was not executed and the government money was misappropriated.
Patna High Court CR. APP (SJ) No.1077 of 2020(2) dt.19-02-2021 2/3 It has been submitted on behalf of the appellant that there is no allegation of tampering of witnesses alleged against the appellant. The appellant has falsely been implicated in the present case. The appellant is said to be Panchayat Secretary. The allegation made by the Ward member is denied by the appellant. For the oblique reason, the appellant has been made accused in the present case. No wrongful gain has been made on the part of the appellant. The alleged occurrence has not taken place within the public view. Hence, no offence under the provisions of SC/ST Act is attracted in the present case. On behalf of the State, it is submitted that the appellant is named in the Complaint Case/F.I.R.
In view of the aforesaid facts and circumstances, the order dated 13-02-2020 passed by learned Additional District & Sessions Judge-Ist, Sasaram, Rohtas in Ankorhi Gola P.S. Case No. 178 of 2019 is set aside. The present Criminal Appeal is allowed.
Accordingly, let the appellant, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.1077 of 2020(2) dt.19-02-2021 3/3 satisfaction of learned Additional District & Sessions Judge-Ist, Sasaram, Rohtas in connection with Ankorhi Gola P.S. Case No. 178 of 2019.
(Sudhir Singh, J) A.K.V.//- U T