Shambhu Sah @ Shambhu Swarnkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.795 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Shambhu Sah @ Shambhu Swarnkar S/o Prabhu Swarnkar @ Prabhu Sah Resident of vill. - Azadnagar, Ward No. 7, Police Station & District - Madhepura .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sanjeev Verma, Advocate For the Respondent/s : Mr. Zeyaul Hoda, Spl. PP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-02-2017 Heard learned counsel for the appellant as well as learned Special P.P. for the State.
Instant appeal has been preferred on account of refusal to release the appellant on bail vide order dated 23.06.2016 by the 1st Additional Sessions Judge-cum-Special Judge, Madhepura in Madhepura PS Case No. 42/2015.
A dispute arose over throwing of garbage in between Dolly Devi, daughter of informant, Janardan Paswan as well as Sita Devi and during course thereof, Sita was joined by Ashok Swarnkar, Prabhu Swarnkar, Shambhu Sah, Jagarnath Swarnkar who assaulted Rikesh Paswan and further, poured acid in his eye. From perusal of the statement of the witnesses including further statement of the informant, it is evident that they had encircled Sita Devi who sprinkled acid over different persons and
Patna High Court CR. APP (SJ) No.795 of 2016 (5) dt.22-02-2017 further, the witnesses also stated that on account of land dispute, both the parties had exercised their muscles power against each other. No specific allegation has been attributed to the appellant. That being so, appellant, Shambhu Sah @ Shambhu Swarnkar is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Madhepura PS Case No. 42/2015 after setting aside the order impugned.
Consequent thereupon, the instant appeal is allowed. (Aditya Kumar Trivedi, J) perwez U T