Mansoor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1516 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- SC/ST District- East Champaran ====================================================== 1.

MANSOOR ALAM Son of Brahim Mian 2.

Sukhram Mahato Ramadhar Mahto 3.

Ramayan Mahato Son of Late Bhikhari Mahto 4.

Mulajim Mian Son of Late rajjak Mian 5.

Mukti Mian Son of Late Rajjak Mian 6.

Ali Mohammad Son of Maulajim Mian 7.

Pir Mohammad Son of Mulajim Mian 8.

Rani Begum @ Rani Begum Khaton W/o Mansoor Alam All resident of Village - Tikulia, P.S.- Paharpur, Distt.- East Champaran. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sangeet Deokuliar For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 16-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Motihari (SC/ST ) P.S.Case No.16 of 2019 , registered for offences punishable under Sections 341,323, 324, 354B, 379, 504/34 of the Indian Penal Code and Section 3(1)(r)(s)(w)(i) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.

Allegation against the appellants is that they came over the land of the informant and tried to construct hut over the same, which was protested and they assaulted and abused by caste name. Submission of the learned counsel for the appellants is that the land belongs to the appellants side and they have been falsely implicated

Patna High Court CR. APP (SJ) No.1516 of 2019 dt.16-04-2019 2/2 in this case making the allegation of abuse and assault and no specific allegations are against any of the appellants. Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act) East Champaran, Motihari in connection with Motihari SC/ST P.S.Case No.16 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date