Parmanand Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.122 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- SC/ST District- Katihar ======================================================
1. Parmanand Sharma son of Late Domi Sharma
2. Shushil Sharma son of Late Domi Sharma
3. Dilip Sharma son of Parmanand Sharma
4. Baban Sharma @ Bambam Sharma son of Parmanand Sharma
5. Santosh Sharma son of Parmanand Sharma
6. Munna Sharma son of Sushil Sharma
7. Rahul Sharma @ Rahul Kumar Sharma son of Sushil Sharma
8. Champa Devi @ Champa Sharma wife of Sushil Sharma All are resident of Village - Basgarha, PS- Korha, Distt- Katihar. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bhola Prasa, Adv.
Mr. Indrajeet Kumar, Adv.
For the Respondent/s :
Mr. Sri Sadanand Paswan, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellants seek pre-arrest bail in connection with SC/ST P.S. Case No. 32 of 2018, registered for offences punishable under Sections 147, 323, 379 of the Indian Penal Code and Section 3(i)(s) of SC/ST Act.
Allegation against the appellants is that they have prevented the informant from constructing the hut and also abused him by taking caste name.
Submission of learned counsel for the appellants is that no specific allegation has been attributed against any of the appellant and the land in dispute is a government land. Further,
Patna High Court CR. APP (SJ) No.122 of 2019 dt.06-02-2019 2/2 they have no criminal antecedents.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Katihar, in connection with SC/ST P.S. Case No. 32 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, this appeal is allowed and the impugned order is set-aside.
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