Sheikh Akhtar @ Md. Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1331 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Sheikh Akhtar @ Md. Akhtar Son of Sheikh Taiyab Resident of Village - Gahiri Tola, Shekhawana, P.S.- Jagdishpur, Distt.- West Champaran. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Nafisuzzoha, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellant and learned Spl. P.P. for the State.
The appellant seeks pre-arrest bail in connection with Nautan Jagdishpur P.S. Case No. 364 of 2018 registered under Sections 341, 323, 324, 307, 354B, 504/34 of the Indian Penal Code and Section 3(i) (r) 3(ii) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Submission of learned counsel for the appellant is that the appellant has no criminal antecedent. He is innocent and has falsely been implicated in the present case. In fact, the occurrence took place due to land dispute and both the parties have sustained injuries. Further submission is that
Patna High Court CR. APP (SJ) No.1331 of 2019 dt.21-05-2019 2/2 there is case and counter case between the parties for the alleged occurrence.
Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Bettiah, West Champaran in connection with Nautan Jagdishpur P.S. Case No. 364 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order is set aside.
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