Shivpujan Sah @Sheopujan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1046 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- SIKTA District- West Champaran ====================================================== 1.
Shivpujan Sah @SHEOPUJAN Sah Son of Bacha Sah 2.
Bipin Sah Son of Bacha Sah Both resident of village- Laxmipur, P.S.- Sikta, District- West Champaran. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sanjeev Kumar For the Respondent/s :
Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-04-2019 The appellants seek pre-arrest bail in connection with Sikta P.S. Case No. 128 of 2018, registered for offences punishable under Sections 341, 323, 324, 354(B), 379, 504, 34 of the Indian Penal Code and Section 3(i)(r) of SC/ST Act. Allegation as per F.I.R. is that the appellants surrounded the informant and her husband and assaulted her and further allegation against appellant no.2 is of assaulting the informant with Hasua causing injury on her finger. It further appears from the F.I.R. that the accused persons were threatening for the Kharhi land and since last measuring was made by the Ameen and put the khuta there, but those khutas were removed by the accused persons.
Patna High Court CR. APP (SJ) No.1046 of 2019 dt.12-04-2019 2/2 Submission of learned counsel for the appellants is that there is land dispute between the parties, which appears from the F.I.R. itself and they have falsely been implicated in this case and compromise has also been made between the parties. Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the appellants, rather they should surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record, if possible, to be disposed of on the same day.
Accordingly, this appeal is disposed of.
(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date