Md. Noman And ORS. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.343 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== 1.

Md. Noman and Ors. Son of Late Haji Umar Miyan Resident of House No. 26, Pathyadih, Bhaga More, Police Station- Jhariya, District- Dhanbad (Jharkhand) 2.

Manglu Miyan Son of Late Idrish Miyan. Resident of Village- Katnikol, Police Station- Sheikhpura, District- Seikhpura. 3.

Eahtasham Miyan @ Md. Eahtesham Son of Manglu Miyan. Resident of Village- Katnikol, Police Station- Sheikhpura, District- Seikhpura. 4.

Md. Naseem @ Nashim Miyan Son of Manglu Miyan. Resident of VillageKatnikol, Police Station- Sheikhpura, District- Seikhpura. 5.

Akbar Ali @ Akbar Miyan Son of Late Naseem Miyan Resident of VillageKatnikol, Police Station- Sheikhpura, District- Seikhpura. ... ... Appellant/s

Versus

1.

The State Of Bihar and Anr. Bihar 2.

Sunil Manjhi S/o Late Dwarika Manjhi Resident of village-Katnikol P.S. and District-Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bipin Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 20-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Complaint Case No. 233C of 2018 (SC/ST P.S. Case No. 96 of 2018) registered under Sections 323, 341, 504/34 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.343 of 2019 dt.20-05-2019 2/2 Submission of learned counsel for the appellants is that the appellants are innocent and have falsely been implicated in the present case with an ulterior motive and only to give pressure upon the appellants. Further submission is that the complaint case is filed after lapse of 10 days of the alleged occurrence.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Sheikhpura in connection with SC/ST Case No. 96 of 2018 arising out of Complaint Case No. 233(C) of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date