Patna High CourtCR. APP (SJ)/425/2019allowed

Ram Das Ji @ Ramdas Sadhu And ANR v. The State Of Bihar

2019-02-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.425 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- PARSA District- Saran ======================================================

1. Ram Das Ji @ Ramdas Sadhu, aged about 62 years, male, son of Late Bhuneshwar Das.

2. Munnu @ Munnu Kumar @ Abhimanyu Kumar, aged about 28 years, male, son of Ramdas Sadhu All resident of Village - Baksanda, P.S. Parsa, District- Chapra (Saran) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Binod Murari Mishra For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre-arrest bail in connection with Parsa P.S. Case No. 214 of 2018, registered for offences punishable under Sections 341, 323, 324, 504, 379, 385, 34 of the Indian Penal Code and Section 3(1)(r) 2 (Va) of SC/ST Act. Allegation against the appellants and other accused persons is of abusing the informant by taking caste name and also assaulted him.

Submission of learned counsel for the appellants is that F.I.R. itself shows that there is land dispute between the parties and furthermore a case has been lodged by the appellants' side against the informant and due to that the present case has been lodged against the appellants. Further, they have no criminal

Patna High Court CR. APP (SJ) No.425 of 2019 dt.05-02-2019 2/2 antecedents.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellants, above named, be surrendered within a period of six weeks and on surrender they will release 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 1st Additional Sessions Judge, Saran at Chapra, in connection with Parsa P.S. Case No. 214 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

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