Khilafat Ali @ Dak Ali And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.837 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- DERNI BAZAR District- Saran ====================================================== 1.

KHILAFAT ALI @ DAK ALI Son of Late Raheem Sai Resident of Village - Fursatpur, P.S.- Derni, Distt.- Saran.

2.

Naimuddin Son of Khilafat Ali Resident of Village - Fursatpur, P.S.- Derni, Distt.- Saran.

3.

Jaimuddin Son of Khilafat Ali Resident of Village - Fursatpur, P.S.- Derni, Distt.- Saran.

... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shyamal Prakash For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 The appellants seek pre arrest bail in connection with Derni P.S. Case No. 164 of 2018, registered for offences punishable under Sections 341, 379, 354, 427/34 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 the informant and assaulted her as well as others and one of the co-accused also snatched away golden ornament. It has been submitted on behalf of the appellants that there is that they have been implicated in this case due to land dispute and only with a view to pressurize the appellants, the informant has come with this false and fabricated case and no such occurrence as alleged in the F.I.R has ever taken place.

Patna High Court CR. APP (SJ) No.837 of 2019 dt.02-04-2019 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, Saran, Chapra, in connection with Derni P.S. Case No. 164 of 2018, 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