Ramnath Prasad @ Mangal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2949 of 2023 Arising Out of PS. Case No.-184 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Ramnath Prasad @ Mangal Sahani Son Of Late Jaleshwar Sahani Resident Of Village Dhawahi, Ps- Harshidhi, District- East Champaran, Motihari ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Gopal Paswan Son Of Late Shital Paswan Resident Of VillageRaghunathpur, Ps- Raghunathpur, District- East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Roshan Kumar Mishra For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. The instant appeal has been filed by the appellant against the order dated 02.06.2023 passed by learned Special Judge, SC/ST, East Champaran, Motihari whereby the prayer for bail of the appellant in connection with Town P.S. Case no. 184 of 2020 under Sections 193, 196, 420, 466, 467, 468 of the Indian Penal Code and sections 3(2)(i)(p)(s) of SC/ST Act was rejected.

Patna High Court CR. APP (SJ) No.2949 of 2023(5) dt.09-11-2023 2/3

3. Allegation against the appellant along with other co-accused persons is that they did conspiracy after making a fake compromise petition along with a permission petition by affixing photograph of another person and made forged signature of the informant in the anticipatory bail petition.

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. He has not taken the caste name of the informant in public view. No offence is made out under the provisions of the SC/ST Act against him. It is further submitted from para10 of this petition that good sense has been prevailed between both the parties and in support of this Annexure-5 has been annexed in this petition. Moreover, the appellant is languishing in judicial custody since 11.05.2023.

5. 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 02.06.2023 is hereby set aside.

6. The appellant is directed to be enlarged on bail in connection with Town P.S. Case No. 184 of 2020 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

Patna High Court CR. APP (SJ) No.2949 of 2023(5) dt.09-11-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST, East Champaran, Motihari. (Sunil Kumar Panwar, J) Shubham/- U T