Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.141 of 2021 Arising Out of PS. Case No.-224 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== 1.

KRISHNA SAH Son of Late Hiralal Sah Resident of Jagiraha, Pakhnaha Bazar, P.S.- Bairiya, District - West Champaran. 2.

Sita Devi Wife of Krishna Sah Resident of Jagiraha, Pakhnaha Bazar, P.S.- Bairiya, District - West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-10-2021 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Bairiya P.S. Case No. 224 of 2018 for the offence registered under Sections 341, 323, 354 and 504/34 the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the appellants submits that the appellants have been falsely implicated in this case. It is further submitted that there is no specific allegation as alleged against the appellants. It is further submitted that no case is made out under the provisions of the SC/ST Act as no offence is alleged to

Patna High Court CR. APP (SJ) No.141 of 2021(2) dt.27-10-2021 2/2 have been taken place within the purview of public place. It is further submitted that the appellants have no criminal antecedent.

Having heard both sides and in the facts and circumstances of the case, let the appellanta, above named, in the event of their arrest/surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge -I cum special Judge (SC/ST), Bettiah, West Champaran in connection with Bairiya P.S. Case No. 224 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Accordingly the appeal is allowed and the impugned order dated 07.03.2020 passed in A.B.P. No. 118 of 2020 is hereby set aside.

(Sunil Kumar Panwar, J) Jagdish/- U T