Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1582 of 2019 Arising Out of PS. Case No.-94 Year-2014 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Lal Babu Sah Son of Late Chokat Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran.

2.

Binod Sah Son of Late Chokat Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran.

3.

Dropati Devi Wife of Binod Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran.

4.

Mosmat Samfula @ Samfula Devi Wife of Late Chokat Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran. 5.

Kanhaiya Sah Son of Late Chokat Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran.

6.

Gangajali Devi Wife of Lal Babu Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran.

7.

Makeshwar Sah @ Mankeshwar Sah Son of Late Chokat Sah Resident of Village- Jagiraha, P.S.- Bairiya, District- West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar No 7, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Bairiya P.S. Case No. 94 of 2014 (Trial No. 2145 of 2018) registered under Sections 341, 323, 324, 504, 34 of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.1582 of 2019 dt.21-05-2019 2/2 Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are innocent. There is case and counter case between the parties for the alleged occurrences. Further submission is that the allegations are general and omnibus and both the parties are next door neighbour.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 94 of 2014, 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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