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Patna High CourtCR. APP (SJ)/593/2021allowed

Ranjeet Sahani v. The State Of Bihar

2021-03-25Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.593 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Ranjeet Sahani, Male, aged about 34 years, Son of Kappuri Sahani, Resident of Village - Chandpura, P.S. - Baligaon, District - Vaishali ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Jitendra Choudhary, Male, Son of Mohan Choudhary, Resident of Village - Sultanpur Chakharihar, P.S.- Patepur, District - Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dharmendra Kumar Paswan, Advocate For the State :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2021 Heard learned counsel for the appellant and learned A.P.P. for the State.

The appeal is against the order dated 04.11.2020 passed by learned 1st Additional District and Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No.170 of 2020 for the offences punishable under Sections 147, 148, 302, 323, 341, 504 and 506 of the Indian Penal Code and Sections 3 (i)(r)(s) of SC/ST (Prevention of Atrocities) Act, has been rejected.

The prosecution case in brief is that on 07.08.2020, the co-accused Deepak Sahani came to the shop of the

Patna High Court CR. APP (SJ) No.593 of 2021(3) dt.25-03-2021 2/3 informant namely Jitendra Choudhary to take Sprite worth Rs.90/- on credit but the same was refused by the informant. On this matter, the co-accused started hitting the informant. Another co-accused Manoj Sahani and Janki Devi also came and started hitting the informant. The father of the informant came to save him but he was also beaten up by the co-accused above named. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case and there is general and omnibus allegation against the petitioner. There is no specific allegation against the appellant. Appellant is in jail custody since 11.08.2020. He further submits that the appellant is 40% disable from his leg. The disability certificate is enclosed as Annexure-2. Appellant has got no any criminal antecedent mentioned in paragraph-3 of the memo of appeal. Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellant be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No.170 of 2020.

Patna High Court CR. APP (SJ) No.593 of 2021(3) dt.25-03-2021 3/3 Accordingly, the order dated 04.11.2020 is set aside and appeal is allowed.

(Anjani Kumar Sharan, J) Nasimul/- U T