Jayshree Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2037 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- SIMRA District- West Champaran ====================================================== JAYSHREE SAHANI Son of Late Laxman sahani R/V- Bharwaliya, (Kachahari Tola) PS-Semra, Dist- West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Suresh Prasad Sharma For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State.

The instant appeal has been filed by the appellant against the order dated 20.03.2023 passed by learned Additional District and Sessions Judge 1st cum- Special Judge Sc/ST Bettiah, West Champaran in B.P. No. 01 of 2023 whereby the prayer for bail of the appellant in connection with Semra P.S. Case no. 01 of 2023 under Sections 341, 323, 354, 307, 504/34 of the IPC and Section 3(i)(r)(s), 3(ii)(va) of the SC/ST Act was rejected.

Allegations against the appellant is of abusing, assaulting to the informant and his family members. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to

Patna High Court CR. APP (SJ) No.2037 of 2023(2) dt.18-05-2023 2/2 dirty village politics. He has not taken the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. Appellant is languishing in judicial custody since long. There is case and counter case.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellant, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 20.3.2023 passed in B.P. No 376 of 2023 is hereby set aside.

The appellant is directed to be enlarged on bail in connection with Semra P.S. Case No. 01 of 2023 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st cum Special Judge (SC/ST) Bettiah, West Champaran.

(Sunil Kumar Panwar, J) sushma/- U