Sahban Ansari @ Sahban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4644 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- CHENARI District- Rohtas ====================================================== Sahban Ansari @ Sahban, Son of Mohamad Hussain Ansari, Resident of Village-Pewandi,P.S. Chenari,Distt.-RohtasSasaram ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Mukesh Kumar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 28.09.2018 passed by the learned Addl. Sessions Judge-1-cumSpecial Judge, SC/ST Act, Rohtas at Sasaram in Registered Case No. 171 of 2018 arising out of Chenari P.S.Case No. 127 of 2018 registered under Sections 307, 323, 332, 341, 353 and 120B of the Indian penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant and others is that they assaulted the informant and his father-in-law causing injury to them.

Submission of learned counsel for the appellant is that he

Patna High Court CR. APP (SJ) No.4644 of 2018 dt.04-02-2019 2/2 has been implicated in this case due to village rivalry and most of the injuries are simple in nature and the injury which is said to be grievous is on the finger which is not vital part of the body. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-1-cum-Special Judge, SC/ST Act, Rohtas at Sasaram in Registered Case No. 171 of 2018 arising out of Chenari P.S.Case No. 127 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date