Jagat Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1756 of 2017 Arising Out of PS.Case No. -403 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jagat Yadav, son of Late Laxmi Yadav,
2. Awadh Yadav, son of Late Laxmi Yadav,
3. Dharmendra Yadav, Son of Late Jagdish Yadav,
4. Chhatish Yadav, Son of Sharma Yadav,
5. Sikandar Yadav, Son of Rama Yadav,
6. Hariom Yadav, Son of Rama Yadav, All are residents of village- Sirkhandi, P.S. Sugauli, District- East Champaran.
.... .... Appellants
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Uma Kant Shukla, Advocate : Mr. Shakti Suman Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The appellants seek pre arrest bail in connection with Sugauli P.S. Case No. 403 of 2014 registered for offences punishable under sections 323, 324, 504, 506, 341/34 of the I.P.C. and Section 3(i)(x) of Scheduled Castes and Scheduled Tribes Act. Allegation against the appellants are that on 06.11.2014 the appellants abused the informant by calling his caste name as well as assaulted with fists and slaps and Jagat Yadav assaulted him with sharp cut weapon caused injury besides the nose.
It has been submitted on behalf of the appellants that
Patna High Court CR. APP (SJ) No.1756 of 2017 (3) dt.17-07-2017 2/2 appellants named above are innocent and they have falsely been implicated in this case on account of land dispute. Heard both sides. In view of the fact that prima facie case under the above mentioned section of SC/ST Act is made out against the appellants, this appeal is not maintainable. Let appellants surrender before the Special Court and make prayer for regular bail and if any such application is filed, the Special Court, after considering the submission of learned counsel for the appellants that no specific over act has been attributed to them, shall pass appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) veena/- U T