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Patna High CourtCR. APP (SJ)/1698/2022allowed

Ram Ayodhya Prasad @ Ram Ayodhya Singh v. The State Of Bihar

2022-08-30Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1698 of 2022 Arising Out of PS. Case No.-736 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

RAM AYODHYA PRASAD @ RAM AYODHYA SINGH SON OF LATE MAHANTHA PRASAD R/O VILLAGE- AMWA MAJHOR WARD NO.- 10, BETTIAH, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN 2.

MOHAN PRASAD SON OF LATE RAMCHANDRA PRASAD R/O VILLAGE- AMWA MAJHOR WARD NO.-10, BETTIAH, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN 3.

RAMASHANKAR PRASAD SON OF LATE MAHANTHA PRASAD R/O VILLAGE- AMWA MAJHOR WARD NO.-10, BETTIAH, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN 4.

JATASHANKAR PRASAD @ JATAHA MAHTO SON OF LATE NAGENDRA MAHTO R/O VILLAGE- AMWA MAJHOR WARD NO.-10, BETTIAH, P.S.- BETTIAH MUFFASIL, DISTRICT- WEST CHAMPARAN ... ... Appellants

Versus

1.

The State of Bihar 2.

BHARAT RAM SON OF LATE DWARIKA RAM R/O VILLAGE- AMWA MAJHOR WARD NO.-13, BETTIAH, P.S.- BETTIAH (MUFFASIL), DISTRICT- WEST CHAMPARAN ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Digvijay Kumar Ojha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 Learned counsel for the appellants is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The appellants apprehend their arrest in connection with Majhaulia P.S. Case No. 736 of 2021 u/s 341, 323, 329,

Patna High Court CR. APP (SJ) No.1698 of 2022(2) dt.30-08-2022 2/3 427, 504, 34 of the Indian Penal Code and also under Section 3(i) (r) (s) SC/ST Act, Bettiah. The appellants' anticipatory bail petition has been rejected by ADJ 1st cum special judge SC/ST Act, Bettiah West Champaran on 30.03.2022 in the aforesaid Majhaulia P.S. Case No. 736 of 2021.

Learned counsel for the petitioner has submitted that there is clerical error in synopsis of the case. He is directed to rectify it in course of the day.

At the very outset, learned counsel for the appellants has submitted that present occurrence took place due to election rivalry and the parties have compromised the case. In these circumstances, the appeal is allowed and the impugned order dated 30.03.2022 passed by the learned 1st Additional District & Sessions Judge-cum-special judge (SC & ST) Bettiah, West Champaran is set aside.

Accordingly, in the event of arrest or surrender within four weeks from today, the appellants above-named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ 1st cum Special Judge SC/ST Act, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 736 of 2021.

Patna High Court CR. APP (SJ) No.1698 of 2022(2) dt.30-08-2022 3/3 Office shall ensure that all defects are removed by the appellants within the stipulated time provided in para-2 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T