Rajeshwar Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.252 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- ROSERA District- Samastipur ====================================================== 1.

Rajeshwar Pandit son of Late Lalo Pandit 2.

Rajesh Pandit Rajeshwar Pandit 3.

Ritesh pandit @ Sonu Resident of Mohalla-Parbhu Thakur Mohalla, Ward No.8, P.S-Rosera, District-Samastipur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Dilip Kumar Roy For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 27-02-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Rosera P.S.Case no.324 of 2018 , registered for offences punishable under Sections 341, 323, 447,448, 504, 506, 380, 420, 468, 471,34 of the Indian Penal Code and Sections 3(1) (r)(s) of S.C./S.T. (Prevention of Atrocities) Act. Allegation against the appellants is that they are renter of the informant and running school and rent of six months were dues and when he demanded they abused and put pistol on him and snatched Rs.2,000/-.

Submission of the learned counsel for the appellants is the FIR itself shows that there is dispute with respect to rent of

Patna High Court CR. APP (SJ) No.252 of 2019 dt.27-02-2019 2/2 the house and he has been falsely implicated in this case and the allegation of abusing by caste name is ornamental. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants , above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Ist Addl. Sessions Judge, Samastipur in connection with Rosera P.S.Case No.324 of 2018 dated 5.9.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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

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