Lakhindra Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3360 of 2019 Arising Out of PS. Case No.-519 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Lakhindra Sahani Son of Late Kailash Sahani Resident of Village - Thathan Bazurg, P.S.- Hajipur Sadar, Dist.- Vaishali. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Vasant Vikas For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-09-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 06.07.2019 passed by learned 1st Addl. Sessions Judgecum-Special Judge, Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 519 of 2017 registered under Sections 341, 342, 302, 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In the course of morning walk undertaken by the husband and son of the informant appellant Lakhindra Sahani
Patna High Court CR. APP (SJ) No.3360 of 2019(3) dt.16-09-2019 2/3 was present there. In the meantime, six motorcycle borne criminals also arrived there and co-accused Dilip Sahni and Mantu Paswan resorted firing upon stomach and waist, respectively, of her husband and all the accused persons made the son of the informant captive. Her husband also disclosed her about name of Mantu Paswan and Dilip Sahni as his assailant and conspiracy of Jitua in the occurrence. He succumbed to injury during the course of treatment.
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 previous animosity. He does not happen to be assailant. Appellant has been languishing in custody since 28.03.2019. Charge-sheet in the case has been submitted.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 519 of
Patna High Court CR. APP (SJ) No.3360 of 2019(3) dt.16-09-2019 3/3 2017.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) rohit/- U T