Sudama Mukhiya And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.885 of 2019 Arising Out of PS. Case No.-316 Year-2014 Thana- MUFFASIL District- West Champaran ====================================================== 1.

SUDAMA MUKHIYA AND ORS. Son of Nami Mukhiya Resident of Village-Dhumnagar, Purvi Tola, Police Station-Nautan, District-West Champaran.

2.

Chandeshwar Mukhiya Son of Manglish Mukhiya Resident of VillageDhumnagar, Purvi Tola, Police Station-Nautan, District-West Champaran. 3.

Kanhai Mukhiya, Son of Banhu Mukhiya Resident of Village-Dhumnagar, Purvi Tola, Police Station-Nautan, District-West Champaran. 4.

Santosh Mukhiya Son of Banhu Mukhiya Resident of Village-Dhumnagar, Purvi Tola, Police Station-Nautan, District-West Champaran. 5.

Haruni Mukhiya, Son of Manshi Raut Resident of Village-Dhumnagar, Purvi Tola, Police Station-Nautan, District-West Champaran. 6.

Chhabila Mukhiya Son of Chokat Mukhiya, Resident of Village-Pipra, Pakari, Police Station-Bettiah Mufasil, District-West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar No 7 For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 20-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Bettiah Muffasil P.S. Case No. 316 of 2014 registered under Sections 448, 341, 323, 379, 504, 506, 436, 34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Later on, section 3(r) of the SC/ST Act was added. Submission of learned counsel for the appellants

Patna High Court CR. APP (SJ) No.885 of 2019 dt.20-05-2019 2/2 is that the appellants have clean antecedent. They are innocent. On perusal of the Annexure-3, it appears that there was a land dispute between the parties, which was decided in favour of the appellants and their family members. Thereafter, only with a motive to put pressure, the present case has been lodged by the informant.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 316 of 2014, subject to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order is set aside.

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