Nawal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4151 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== Nawal Sahani Son Of Jagan Sahani Resident Of Village-Jhakhra Upratyhi, Police Station-Piprakothi, District-East Champaran. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Ratan Gagrai, Assistant Sub Inspector Of Pipra Kothi Police Station, East Champaran At Motihari. East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. Learned Special Public Prosecutor for the State informs this Court that the present FIR was lodged by the police personnel, therefore, he is appearing for the respondent no.2.

3. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act), against the refusal of prayer of anticipatory bail vide order dated 26.06.2023 passed by learned Special Judge, SC/ST Act, Vaishali at Hajipur in connection with Pipra Kothi P.S. Case No. 69 of 2023, registered under Sections 147, 148, 149, 341, 323, 324, 307, 353, 504 and 506 of the Indian Penal

Patna High Court CR. APP (SJ) No.4151 of 2023(4) dt.20-12-2023 2/2 Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. As per the prosecution case, the allegation against the appellant that he along with other co-accused persons assaulted and abused the police personnel and fled away from the place of the occurrence.

5. It is submitted by learned counsel for the appellant that the appellant have no concern with the aforesaid occurrence. The injury found upon the victim is simple in nature which is clear from the injury report enclosed in the case diary. Appellant was not present at the place of the occurrence. Appellant has got three criminal antecedents as mentioned in para-3 of memo of appeal.

6. Learned Spl. PP for the State opposes the prayer for bail and submits that after assaulted the police personnel the appellant fled away from the place of the occurrence.

7. Considering the nature of allegation in the FIR, I am not inclined to enlarge the appellant on bail in connection with Pipra Kothi P.S. Case No. 69/2023. Accordingly, his prayer for bail is hereby rejected.

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