Upendra Kumar @ Upendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2888 of 2023 Arising Out of PS. Case No.-795 Year-2022 Thana- RUPASPUR District- Patna ====================================================== UPENDRA KUMAR @ UPENDRA SHARMA SON OF LATE RAGHO SHARMA RESIDENT OF MANGLASTHAN DEVISARAI PS DEEPNAGAR DISTRICT NALANDA ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Binit Kumar For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the appellant, learned counsel for the informant and learned Special Public Prosecutor for the State.
The instant appeal has been filed by the appellant against the order dated 3.6.2023 passed by learned Exclusive Special Court (SC & ST Act) Patna whereby the prayer for bail of the appellant in connection with Rupaspur P.S. Case No. 795 of 2022 under Sections 406, 420, 427, 504, 506/34 of the Indian Penal Code and sections 3(1)(S)/3(2)(va) of the SC/ST Act was rejected.
As per allegation in the FIR, appellant took an amount of Rs. 17,76,000 from the informant for purchasing a chunk of land. It is alleged that neither the appellant executed the sale
Patna High Court CR. APP (SJ) No.2888 of 2023(2) dt.10-08-2023 2/3 deed nor has returned the amount. It is further alleged that when the informant pressurized the appellant, he abused and assaulted him by taking his caste name.
It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. In fact, informant is himself a land broker. Appellant has neither assaulted him nor abused him by taking the cast name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against them. This matter is purely civil in nature for which informant has filed criminal case. He has got no criminal antecedent and languishing in judicial custody since 23.3.2023.
The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the informant and submitted that informant had given an amount of Rs. 17,76,000/- for purchasing a piece of land but neither he has returned the amount nor executed the sale deed.
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 3.6.2023 is hereby set aside.
Patna High Court CR. APP (SJ) No.2888 of 2023(2) dt.10-08-2023 3/3 The appellant is directed to be enlarged on bail in connection with Rupaspur P.S. Case No. 795 of 2022 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 Exclusive Special Court (SC & ST Act), Patna. (Sunil Kumar Panwar, J) sushma/- U