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Patna High CourtCR. APP (SJ)/1277/2019allowed

Saheb Singh v. The State Of Bihar

2019-05-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1277 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

SAHEB SINGH, aged about 24 years, Male, Son of Lalan Singh 2.

Pankaj Singh, aged about 25 years, Male, Son of Munna Singh 3.

Fantush Singh, aged about 30 years, Male, Son of Asarfi Singh 4.

Angad Singhaged about 22 years, male, Son of Jhuneshwar Singh 5.

Naveen Kumar Singh @ Navin Singh, aged about 33 y3ears, Male, Son of Jhari Singh 6.

Lalan Singh, aged about 55 years, Male, Son of Asarfi Singh, All Resident of Village - Bhattachak,P.S.- Shahkund, District-Bhagalpur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjan Kumar Jha 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 the learned counsel appearing for the State.

This appeal is directed against the order dated 21.07.2018 passed by 3rd Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur in A.B.P. No. 1152 of 2018 in connection with Shahkund P.S. Case No. 80 of 2018 registered under sections 147, 149, 341, 323, 448, 379, 504 of the Indian Penal Code and Sections 3(i) r/3(2)(iv)(Va) of the S.C. and S.T. (Prevention of Atrocities) Act.

Learned counsel appearing for the appellants submits that the appellants have been falsely implicated in this case due

Patna High Court CR. APP (SJ) No.1277 of 2019 dt.20-05-2019 2/2 to admitted land dispute between the parties. The allegations levelled are general and omnibus in nature and nothing specific has been alleged against any of these appellants. There is case and counter case between the parties as is evident from Annexure-2. Appellants have no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellants, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge-cum-Special Judge, Bhagalpur in connection with Shahkund P.S. Case No. 80 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C. This appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) mcv/- AFR/NAFR CAV DATE Uploading Date Transmission Date