Sunil Rai @ Sunil Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.941 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

SUNIL RAI @ SUNIL YADAV Son of Late Chhabila Rai Resident of Village- Varwa, P.S.- Baikunthpur, District- Gopalganj. 2.

Vishal Rai @ Vishal Kumar Yadav Son of Sunil Rai Both resident of Village- Varwa, P.S.- Baikunthpur, District- Gopalganj ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Naresh Chandra Verma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Baikunthpur P.S.Case no.189 of 2018 , registered for offences punishable under Sections 341, 323, 379, 427, 504/34 of the Indian Penal Code and Section 3(1)(iii)(xi) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants is of trying to grab Garmajarua land, which was protested by the informant, on which he assaulted by fists and slaps and also abused by caste name as well as thrashed her on the ground. Submission of the learned counsel for the appellants is that there is land dispute between the parties with respect to a piece of garmajarua land , due to which the appellants have been made accused in this case making false and ornamental allegation against them.

Patna High Court CR. APP (SJ) No.941 of 2019 dt.12-04-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Ist Addl. Sessions Judgecum-Special Judge, SC/ST.Act, Gopalganj in connection with Baikunthpur P.S.Case No.189 of 2018 vide ABP No.2358 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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