Lal Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1007 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== LAL BAHADUR SINGH Son of Ghuni Singh Resident of Village-Nawada P.S -Choutham, Dist.-Khagaria ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mrityunjay Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 10-04-2019 The appellant seeks pre arrest bail in connection with Choutham P.S. Case No. 13 of 2019, registered for offences punishable under Sections 147, 148, 149, 504 and 436 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act. Allegation against the appellant and others is of abusing the informant by caste name and also of assaulting him and further allegation is that they set the house of the informant on fire. It has been submitted on behalf of the appellant that no specific allegation has been attributed to the appellant rather only general and omnibus allegation has been levelled against him and considering the same, co-accused persons of this case has already been granted the privilege of anticipatory bail by judgment dated 29.03.2019 passed in Criminal Appeal (SJ) No. 1137 of 2019. Further submission is that earlier one of the relatives of the appellants

Patna High Court CR. APP (SJ) No.1007 of 2019 dt.10-04-2019 2/2 has lodged a case before the Public Grievance Redressal Authority for constructing hut on his land by the informant and his family members and order was passed in favour of the appellants and the informant out of annoyance has come with this false case. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Khagaria, in connection with Choutham P.S. Case No. 13 of 2019, 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.

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