Dinesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3283 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- PIPRA District- East Champaran ====================================================== 1.

DINESH SAHANI Son of Janak Sahani Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari. 2.

Sachin Kumar Son of Shankar Sah Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari.

3.

Rajesh Kumar @ Rajesh Sahani Son of Pundev Sahani Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari. 4.

Rahul Kumar Son of Dinesh Sahani Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari.

5.

Rangila Kumar Son of Dinesh Sahani Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pradip Kumar Son of Madhuri Ram Resident of Village - Chakania, P.S.- Pipra, District - East Champaran, Motihari.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. The instant appeal has been filed by the appellants against the order dated 21.07.2022 passed by learned Special Judge SC/ST Act, East Champaran Motihari in ABP No. 2237 of 2022 whereby the prayer for bail of the appellants in connection with Pipra P.S. Case no. 159 of 2022 under Section 341, 323, 504/34 of the Indian Penal Code and sections 3(i)(r)(s) 3(2)(va)

Patna High Court CR. APP (SJ) No.3283 of 2022(2) dt.03-11-2022 2/3 of SC/ST Act was rejected.

Allegations against the appellants are of abusing by taking the caste name and assaulted to the informant and his other family members as a result of which informant got unconscious.

It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case due to dirty village politics. They have got no criminal antecedent. No offence is made out under the provisions of the SC/ST Act against them. The appellants have not taken the caste name of the informant in public view and they had no intention to disgrace his image.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 21.07.2022 passed in A.B.P. No 2237 of 2022 is hereby set aside.

The appellants are directed to be enlarged on bail in connection with Pipra P.S. Case No. 159 of 2022 in the event of

Patna High Court CR. APP (SJ) No.3283 of 2022(2) dt.03-11-2022 3/3 arrest or surrender before the court below within a period of four weeks on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST Act, East Champaran, Motihari.

(Sunil Kumar Panwar, J) sushma3/- U