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Patna High CourtCR. APP (SJ)/2397/2017disposed

Habib v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2397 of 2017 Arising Out of PS.Case No. -141 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Habib Son of Md. Ibrahim Resident of Village- Phulbari, ward No. 12, Police Station- Bahadurganj, District- Kishanganj. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Radha Mohan Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

The appellant is apprehending his arrest in Bahadurganj P.S.Case no. 141 of 2016 registered under Sections 341, 323, 379, 384 and 34 of the Indian Penal Code and Sections 3(i)(e) of SC/ST Act, pending in the court of learned Additional Sessions Judge 1st, Kishanganj.

The allegation against the appellant is of demand of Rangdari and also abusing the informant by taking his caste name and snatching golden chain from the informant. Submission of the learned counsel for the appellant is that he has falsely been implicated in this case. There is land dispute between the parties. Nothing has been attributed against

Patna High Court CR. APP (SJ) No.2397 of 2017 (2) dt.24-08-2017 2/2 the appellant.

Heard Special P.P. also, who has opposed pre arrest bail of the appellant on the ground of maintainability. Having heard both the sides and in view of the facts and circumstances of the case, let above named appellant surrender in the court below within four weeks and pray for regular bail, which shall be considered by the learned Special Judge on the submission that the land belongs to him and no specific allegation has been attributed against him and shall pass order as he thinks fit and proper if possible on the same day without being prejudiced by this order.

This appeal stands disposed of.

(Vinod Kumar Sinha, J) singh/- U