Ganesh Yadav And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.821 of 2019 Arising Out of PS. Case No.-34 Year-2017 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== 1.

GANESH YADAV S/o Anup Yadav Resident of Village- Ladaura, P.S.- Alauli, District- Khagaria.

2.

Ramchandra Yadav S/o Bhukhal Yadav Resident of Village- Ladaura, P.S.- Alauli, District- Khagaria.

3.

Usman Miyan S/o Late Hadis Miyan Resident of Village- Larhi, P.S.-Alauli, District- Khagaria.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR AND ANR Bihar 2.

Kaleshwar Ram @ Kaleshwar Chamar Son of Late Balo Ram Resident of Village - Machhra, P.S.- Alauli, District - Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjeet Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 The appellants seek pre arrest bail in connection with Complaint Case No. 34C/2017, registered for offences punishable under Sections 341, 323, 354(B) of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act.

Allegation against the appellants is that they came over the land of complainant and abused the informant and thrashed him on the ground and also destroyed the crops.

It has been submitted on behalf of the appellants that the land on which, informant has grown crops, belonged to the appellants and when appellants objected, informant came out with this false

Patna High Court CR. APP (SJ) No.821 of 2019 dt.02-04-2019 2/2 case and earlier also a case was lodged by the complainant, in which, the appellants are on bail.

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 1st Additional Sessions Judge-cum-Special Judge, Khagaria, in connection with Complaint Case No. 34C/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.

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