Patna High Court
Jeevachh @ Jeevach Sahni vs The State Of Bihar on 31 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No 1692 of 2021
Arising Out of PS. Case No.-133 Year-2020 Thana- KEWATI District-
Darbhanga
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1. JEEVACHH @ JEEVACH SAHNI Son of Late Janak Sahni Resident of
Village - Itharwa, P.S.- Keoti, District - Darbhanga.
2. Kari Sahni Son of Late Janak Sahni Resident of Village - Itharwa, P.S.-
Keoti, District - Darbhanga.
3. Bechan Sahni Son of Jeevachh @ Jeevach Sahni Resident of Village -
Itharwa, P.S.- Keoti, District - Darbhanga.
4. Pappu Sahni @ Manoj Sahni Son of Jeevachh @ Jeevach Sahni Resident of
Village - Itharwa, P.S.- Keoti, District - Darbhanga.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr Jagjit Roshan, Advocate
For the Respondent/s : Ms Usha Kumari 1, Special PP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 31-05-2021
At the very outset, Mr Jagjit Roshan, Advocate, who has
filed a fresh vakalatnama with No Objection Certificate from the
earlier counsel Mr Rana Bhupendra Narayan Singh, submits that
he will honour the undertaking given by the earlier counsel and the
earlier counsel shall not be in any way responsible with the
compliance of the undertaking.
2 This case has been listed today for consideration
through Video Conferencing.
3 Heard learned counsel for the appellants and the
learned Special PP for the State.
Patna High Court CR. APP (SJ) No.1692 of 2021 dt.31-05-2021
4 The appellants have preferred the present Appeal
under Section 14 - A (2) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Amendment Act (for brevity,
SC/ST Act) against the refusal of their prayer for regular bail
vide order dated 21.10.2020 passed by Additional Sessions
Judge I -cum- Special Judge, Darbhanga in a case registered
under Sections 302, 201/34 of Indian Penal Code and Sections
3 (i) (r) (s), 3 (2) (v) of SC/ST Act in connection with Keoti
Police Station (for brevity, PS) Case No 133 of 2020.
5 Informant's son had gone for fishing with three
other friends. It is alleged that the instant appellants along
with 10 - 11 other persons have reached the place and chased
away the informant's son and his three friends. The three
friends of the deceased managed to escape but the informant's
son has been allegedly beaten to death.
6 Appellants' counsel submits that the informant is
not a witness to the occurrence. The appellants are in jail since
21.09.2020 and have no criminal antecedent. The deceased
had in fact died because he fell in the ditch. The theory of
assault by 12 persons, as stated in the First Information Report
(for brevity, FIR), is not corroborated by the post mortem
report wherein only five minor abrasions have been found.
Appellants bonafides is evident from the fact that they did not
flee after the occurrence and have been arrested from home.
Victim's dead body was found in a paddy field which does not
belong to the instant appellants.
7 Learned Special PP for the State has appeared
through Virtual Mode and opposed the prayer for bail.
8 In my opinion, in view of nature of accusation in
the FIR, and submission of parties a case for grant of regular
Patna High Court CR. APP (SJ) No.1692 of 2021 dt.31-05-2021
bail is made out. The impugned order dated 21.10.2020
requires interference by this Court, which is, accordingly, set
aside.
8 Considering the rival submissions, this appeal is
allowed. Part of impugned order dated 21.10.2020 passed by
Additional Sessions Judge I -cum- Special Judge, Darbhanga
in connection with Keoti PS Case No 133 of 2020 (SC/ST GR
No 177 of 2020) is set aside.
9 Let the appellants above named be released on
bail on each of them furnishing bonds of Rs 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of Additional Sessions Judge I -cum- Special
Judge, Darbhanga in Keoti PS Case No 133 of 2020 (SC/ST
GR No 177 of 2020) subject to the following conditions:
(1) That one of the bailors will be a close relative of
the appellants who will give an affidavit giving genealogy as
to how he is related with the appellants. The bailor will also
undertake to inform the Court if there is any change in the
address of the appellants.
(2) That the appellants will be well represented on
each date and if they fail to do so on two consecutive dates,
their bail will be liable to be cancelled
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.06.2021
Transmission Date 02.06.2021
