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Patna High CourtCR. APP (SJ)/3736/2022allowed

Panchan Das @ Pancham Ravidas v. The State Of Bihar

2023-03-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3736 of 2022 Arising Out of PS. Case No.-407 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== PANCHAN DAS @ PANCHAM RAVIDAS Son of Late Hanu Ravidas Resident of Village - Ramkishun Bigha (Manani), P.S.- Wajirganj, District - Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Karmi Devi Wife of Vidhaya Tanti Resident of Village - Jhour, P.S.- Warisaliganj, District - Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sheo Kumar Prasad For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2023 Heard the learned counsel for the parties.

This appeal has been preferred on behalf of the appellant under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act for setting aside the order dated 17.08.2022, passed by the learned Exclusive Special Court, SC/ST Nawada in connection with Warisaliganj P.S.Case No. 407 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Sections 3(i)(r)(s) of SC and ST (Prevention of Atrocities) Act, whereby the prayer for regular bail of the appellant has been rejected.

As per allegation, the accused persons on the

Patna High Court CR. APP (SJ) No.3736 of 2022(3) dt.14-03-2023 2/2 suspicion that the prosecution side were involved in an occurrence of theft committed in the house of Bhutali Mahto, entered into the house of the informant. They attacked her and also her husband, who sustained injuries.

Learned counsel for the appellant has submitted that he is a person of 70 years of age and at the time of occurrence, he was not present on the spot. He is in custody since 02.08.2022.

Considering the facts and circumstances, the appeal is allowed and the impugned order dated 17.08.2022 is set aside. Let the appellant, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court SC/ST Nawada in connection with Warsaliganj P.S.Case No. 407 of 2022.

(Nawneet Kumar Pandey, J) HR/- U T