Ramashish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3549 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- KHAJAULI District- Madhubani ====================================================== Ramashish singh Son of Late Suvlal Singh Resident of Village-Kanhauli, Ward No.10 ,Police Station-Khajauli, District-Madhbani. ... ... Appellant/s
Versus
The State Of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Yogesh Chandra Verma, Sr. Advocate.
Mr.Sanjay Kumar Jha, Advocate.
For the Respondent/s :
Mrs.Usha Kumari I Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-09-2019 Heard learned counsel for the appellant and learned Spl. P.P. 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 of anticipatory bail vide order dated 19.07.2019 passed by learned 1st Addl. Sessions Judge, Madhubani in connection with Khajauli P.S. Case No. 84 of 2019, registered under Section 341, 323, 353, 504, 506 of the Indian Penal Code and Sections 3 (i) (r) (s)/ 3 (2) va SC/ST Act. Informant happens to be B.D.O. of Khajauli block and when he arrived at Panchayat Bhawan Kanhauli for inspection and demanded some documents from Panchayat secretary, appellant who happens to be Mukhiya slated him in the name of his caste and shoved him out of the office and extended
Patna High Court CR. APP (SJ) No.3549 of 2019(3) dt.25-09-2019 2/3 threatening.
It is submitted by the learned counsel for the appellant that that no such occurrence as alleged ever took place. He has been falsely implicated in this case because several villagers made protest and complaint to the Chief Minister of Bihar and Prime Minister and others regarding irregularity committed by the informant in execution of the several beneficiary scheme run by the government and informant was under impression that the appellant was spreadheading the said movement against him. There is abnormal and inordinate delay of three days in lodging the F.I.R. by the informant without assigning any plausible explanation for the said delay. Though there is one another case lodged against the appellant but he is on bail in the said case. Learned Spl. P.P. for the State opposed the prayer for bail.
In the facts and circumstances of the case, let the above named appellant be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Madhubani in connection with Khajauli P.S. Case No. 84 of
Patna High Court CR. APP (SJ) No.3549 of 2019(3) dt.25-09-2019 3/3 2019, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) T.Kr./-Sunny Katyayan U T