Bal Kuwar Mahto @ Bal Keshwar Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.763 of 2019 Arising Out of PS. Case No.-99 Year-2017 Thana- MAINATAND District- West Champaran ====================================================== 1.

BAL KUWAR MAHTO @ BAL KESHWAR MAHTO AND ORS Son of Raghunath Mahto Resident of Village - Bhediharwa, P.S.- Mainatand, Distt.- West Champaran 2.

Vinod Mahto Son of Bal Kuwar Mahto Resident of Village - Bhediharwa, P.S.- Mainatand, Distt.- West Champaran 3.

Umesh Mahto Son of Bal Kuwar Mahto Resident of Village - Bhediharwa, P.S.- Mainatand, Distt.- West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ashok Kumar Gupta For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 The appellants seek pre arrest bail in connection with Mainatand P.S. Case No. 99 of 2017, registered for offences punishable under Sections 341, 323, 324, 427, 504/34 of the Indian Penal Code and Section 3 (i)(x) of SC/ST Act. Allegation against the appellants is uprooting the crops of the informant and also of assaulting and abusing the informant by caste name.

It has been submitted on behalf of the appellants that there is case and counter case between the parties and there is land dispute between the appellants and the informant and title suit is also going on and only due to which, this present false case has been lodged.

Patna High Court CR. APP (SJ) No.763 of 2019 dt.01-04-2019 2/2 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, West Champaran, Bettiah, in connection with Mainatand P.S. Case No. 99 of 2017, subject to the conditions laid down under Section 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.

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