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Patna High CourtCR. APP (SJ)/578/2019allowed

Dibya Nand Singh @ Mukesh Singh @ Mukesh Kumar Singh And ORS v. The State Of Bihar

2019-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.578 of 2019 Arising Out of PS. Case No.-131 Year-2017 Thana- SAHAJITPUR District- Saran ====================================================== 1.

DIBYA NAND SINGH @ MUKESH SINGH @ MUKESH KUMAR SINGH Son of Late Balmiki Singh 2.

Sanjay Singh Son of Late Banaras Singh 3.

Rajnan Singh @ Ratan Singh @ Ranjan Singh Son of Late Banaras Singh 4.

Kamlesh Singh @ Bhukhal Singh Son of Late Ramsagar Singh 5.

Niket Kumar @ Nikesh Kumar Singh Son of Kamlesh Singh @ Bhukhal Singh 6.

Chhotu Kumar @ Chhotu Kumar Singh Son of Kamlesh Singh @ Bhukhal Singh 7.

Anil Kumar Pandey @ Sadhu Pandey Son of Late Baban Pandey Resident of Village - Puchar, P.S.- Baniyapur, District-Saran at Chapra ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Satya Prakash For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-03-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Sahajitpur P.S.Case no.131 of 2017 , registered for offences punishable under Sections 323, 452, 380, 504, 506 of the Indian Penal Code and Section 3(S)(Z) of SC/ST (Prevention of Atrocities) Act.

Allegation as per the FIR is of damaging the hut and also abusing the complainant by caste name.

Patna High Court CR. APP (SJ) No.578 of 2019 dt.28-03-2019 2/2 Submission of the learned counsel for the appellants is that the present case has been lodged at the instance of Janak Singh and Gautam Singh, from whom the complainant had purchased the land and once the injunction order has been passed, the present case has been lodged.

Heard learned Spl.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 1st Addl., Sessions Judge, Saran at Chapra in connection with Sahajitpur P.S.Case No.131 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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