Krishna Kumar Sah @ Sri Kishun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1562 of 2019 Arising Out of PS. Case No.-395 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Krishna Kumar Sah, @ Sri Kishun Sah Son of Late Chandeshwar Sah Resident of Village- Bhadiyan, P.S.- Nanpur, District- Sitamarhi. 2.

Hiramani Devi, Wife of Krishna Kumar Sah @ Sri Kishun Sah Resident of Village- Bhadiyan, P.S.- Nanpur, District- Sitamarhi. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Hans Lal Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Nanpur P.S. Case No. 395 of 2018 registered under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are innocent and have falsely been implicated in the present case. due to ill motive. The F.I.R. is lodged after 10 days of the alleged occurrence. In fact, the informant wanted to grab the

Patna High Court CR. APP (SJ) No.1562 of 2019 dt.22-05-2019 2/2 land of the appellants. In this regard, the appellant Krishna Kumar Sah has given informatory petition (Annexure-4) stating about the disturbing conduct of the informant and his associates. Further submission is that the proceeding under sections 144 Cr. P.C. was initiated over the plot in question. 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, Sitamarhi in connection with Nanpur P.S. Case No. 395 of 2018, 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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