Mohan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.566 of 2019 Arising Out of PS. Case No.-337 Year-2017 Thana- MAJHAULIA District- West Champaran ======================================================
1. MOHAN SAH, Son of Sohan Sah
2. Sohan Sah, Son of Late Doma Sah.
Resident of Village -Majharia Sheikh, P.S- MAJHAULIA, DIST- WEST CHAMPARAN ... ... Appellant/s
Versus
THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Upadhyay Saurabh Kumar, Adv.
For the Respondent/s :
Mr.Binay Krishna, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 The appellant seeks pre arrest bail in connection with Majhaulia P.S. Case No. 337 of 2017, registered for offences punishable under Sections 341, 323, 147, 148, 149, 332, 353, 307, 427 and 342 of the Indian Penal Code and Section 3 (2)(va) of SC/ST Act. Allegation as per F.I.R. that police on information that hut of one Munna Sahni was being removed by the appellants and others, reached at the place of occurrence, where, appellants and others alleged to have attacked the police party and also damaged the police vehicle. It has been submitted on behalf of the appellants that no specific allegation has been attributed to the appellants. Moreover, other accused persons having similar allegation has already been granted the privilege of pre-arrest bail by this Court vide order dated 05.02.2019 passed in Cr. Appeal (SJ) No. 4811 of 2018 and vide order dated 06.02.2019 passed in Cr. Appeal (SJ) No. 201 of 2019.
Patna High Court CR. APP (SJ) No.566 of 2019 dt.22-02-2019 2/2 Heard learned Special P.P. also.
Having heard both sides, in view of the above facts, let the appellants, above named, in the event of their arrest or surrender before the Court below, 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 Additional Sessions Judge -I - cum-Special Judge, West Champaran at Bettiah, in connection with Majhaulia P.S. Case No. 337 of 2017, 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.
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