Md. Nejam @ Md. Njam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1184 of 2019 Arising Out of PS. Case No.-36 Year-2017 Thana- SC/ST District- Araria ====================================================== 1.

MD. NEJAM @ MD. NJAM, Son of Safruddin, Resident of Village- Dipaul, P.S.- Jogbani (Bathnaha), District- Araria.

2.

Md. Sohrab @ Srfa, Son of Md. Kashim, Resident of Village- Dipaul, P.S.- Jogbani (Bathnaha), District- Araria.

... ... Appellants

Versus

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

For the Appellant/s :

Mr.Mukesh Kumar Rana, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 4.2.2019 passed by Additional Sessions Judge-I-cum-Special Judge, Araria, in A.B.P. No. 129 of 2019 filed by the appellants, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Special (SC/ST) Case No. 186 of 2017, arising out of Araria SC/ST P.S.Case No. 36 of 2017, registered under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and Section 3(i) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

At the very outset, it has been submitted by learned counsel for the appellants that there is delay 40 days in lodging the FIR and appellants were released on bail under Section 41(A) of Cr.P.C.. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.1184 of 2019 dt.01-04-2019 2/2 Having heard both sides and in the above facts and circumstances, let the appellants, named above, surrender within a period of six weeks and pray for regular bail, which will be considered on the basis of the materials available on the record and also considering the fact that earlier they were on police bail and have not misused the same and, if possible, to be disposed of on the same day.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date