Ved Prakash @ Ved Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2578 of 2019 Arising Out of PS. Case No.-457 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Ved Prakash @ Ved Prakash Singh S/o Awadh Kishore Singh Resident of Village- Sirsa Biran, P.S.- Lalganj, District- Vaishali. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjeev Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
The appellant seeks pre-arrest bail in connection with Lalganj P.S. Cae No. 457 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 447, 323, 324, 325, 354, 307, 379, 504, 506 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Accused Pintu Singh and Bipin Singh are said to have tried to outrage the modesty of the informant intruding into her house, but on arrival of her husband and villagers, they left the scene. Bipin Singh slated her husband in the name of his caste. When the informant along with her husband and others
Patna High Court CR. APP (SJ) No.2578 of 2019(2) dt.03-07-2019 2/3 approached the appellant to hush up the matter, seven accused persons including the appellant intercepted them on the way and Gautam Singh assaulted on the head of nephew of the informant by means of iron rod while Angad Kumar stabbed Fudena Sah by means of knife and appellant is said to have snatched golden chain of Fudena Sah.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics. There is case and counter case between the parties. There is no allegation of slating the husband of the informant in the name of his caste and assaulting anyone against the appellant, hence, no offence under SC/ST is made out against him. Allegation of snatching golden chain is super addition. Appellant has 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 appellant be released on bail, in the event of his 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) with two sureties of the like amount
Patna High Court CR. APP (SJ) No.2578 of 2019(2) dt.03-07-2019 3/3 each to the satisfaction of learned 1st Addl. Sessions Judge cum Special Judge, Hajipur Vaishali in connection with Lalganj P.S. Cae No. 457 of 2018, 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