Shambhu Singh @ Gaina Singh (Gauri Singh) @ Shiv Shambhu Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.370 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- MAGADH MEDICAL COLLEGE DistrictGaya ====================================================== 1.

SHAMBHU SINGH @ GAINA SINGH (GAURI SINGH) @ SHIV SHAMBHU SINGH, Son of Late Narendra Singh @ Late Naro Singh Resident of Village-Chapradah, P.O.- Pandey Parsawan, P.S.-M.M.C.H. District- Gaya.

2.

Shankar Singh @ Karu Singh Son of Late Narendra Singh @ Late Naro Singh Resident of Village-Chapradah, P.O. Pandey Parsawan, P.S.- M.M.C.H. District- Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 27-02-2019 The appellants seek pre arrest bail in connection with Magadh Medical P.S. Case No. 03/19, registered for offences punishable under Sections 341, 323, 504, 436/34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act.

Allegation against the appellants is of assaulting the father of informant and also setting the house of straw on fire. It has been submitted on behalf of the appellant that earlier to filing of the present case by the informant, appellants' side has lodged a case against the informant and only to save his skin from that case this present false and concocted case has been levelled and no occurrence as alleged has ever taken place, which will appear from the fact that the

Patna High Court CR. APP (SJ) No.370 of 2019 dt.27-02-2019 2/2 Investigating Officer has not found any burnt article at the place of occurence.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Act, Gaya, in connection with Magadh Medical P.S. Case No. 03/19, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

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