Suraj Sah @ Surya Narayan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2283 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Suraj Sah @ Surya Narayan Sah Son of Late Mahabir Sah Resident of Village-Chilhay Rampur, Ward No.8, Police Station-Teghra, District of Begusarai.

2.

Kishan Sah @ Krishna Kumar Sah Son of Suraj Sah @ Surya Narayan Sah Resident of Village-Chilhay Rampur, Ward No.8, Police Station-Teghra, District of Begusarai.

3.

Ajit Sah @ Ajit Kumar Sah Son of Suraj Sah @ Surya Narayan Sah Resident of Village-Chilhay Rampur, Ward No.8, Police Station-Teghra, District of Begusarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bimal Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2019 Heard learned counsel for the appellants and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer of anticipatory bail vide order dated 24.04.2019 passed by learned Spl. Judge, SC/ST (POA) Begusarai in Teghra P.S. Case No. 55 of 2019 registered under Sections 341, 323, 504, 506, 379, 354(B)/34 of the Indian Penal Code and Section 3(v)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2283 of 2019(3) dt.12-07-2019 2/3 On making complain about teasing the daughter of the informant by the son of appellant no. 1, all the accused persons named in the FIR including the appellants arrived at the house of the informant and assaulted her by means of lathi. Kishan Sah assaulted on her head by means of iron road. They also assaulted her husband by means of fist.

It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. Allegation levelled against the appellants is not specific rather general and omnibus in nature. There is no injury report of any of the victim in the record. The impugned order also does not reflect the same. Appellants have no criminal antecedent.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned learned Spl. Judge,

Patna High Court CR. APP (SJ) No.2283 of 2019(3) dt.12-07-2019 3/3 SC/ST (POA) Begusarai in connection with Teghra P.S. Case No. 55 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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

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