Devanand Giri And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2059 of 2017 Arising Out of PS.Case No. -135 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Devanand Giri son of Late Yugal Kishore Giri.
2. Aditya Narayan Giri son of Late Jwala Giri.
3. Padmakar Giri son of Late Shyam Ratan Giri.
4. Panshekhar Giri son of Late Shyam Ratan Giri.
5. Munna Giri son of Padmakar Giri.
All Residents of Village- Dhankutwa, Police Station- Sikta (Balthar), District- West Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Jitendra Kumar Giri For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.
The appellants seek pre arrest bail in connection with Sugauli P.S.Case No.135 of (corresponding to Complaint Case No.484 of 2016) registered for offences punishable under Sections 147, 341, 504, 323, 387, 366 of the Indian Penal Code and section 3⁄4, 10 and 11 of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellants is of dispossessing the informant from his land and also abusing him and further they were trying to kidnap him.
Submissions of the learned counsel for the appellant is that earlier also a case had been filed against the appellants and in that case, they have already been released on bail not finding the case true and now the present case has been filed. Heard learned Special P.P. also.
Having heard both sides, this appeal is not maintainable.
Let the appellant surrender before the court of learned Special Judge within a period of four weeks from the date of receipt/production of a copy of this order and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of submissions as submitted above as well as materials available on the record and thereafter, he will pass appropriate order, if possible 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) chn/- U