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Patna High CourtCR. APP (SJ)/1679/2019allowed

Ram Narayan Singh v. The State Of Bihar

2019-04-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1679 of 2019 Arising Out of PS. Case No.-908 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== 1.

RAM NARAYAN SINGH Son of Late Ram Kailash Yadav Resident of Village - Bari Yusufpur (Indrapuri Colony), P.S.- Hajipur Town DistrictVaishali. 2.

Kanhai Rai Son of Ram Narayan Singh Resident of Village - Bari Yusufpur (Indrapuri Colony), P.S.- Hajipur Town, District-Vaishali. 3.

Nirmala Devi Wife of Ram Narayan Singh Resident of Village - Bari Yusufpur (Indrapuri Colony), P.S.- Hajipur Town District-Vaishali. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Rajeev Ranjan For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 25-04-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

This appeal is filed for grant of pre-arrest bail to the appellants against the order dated 15.03.2019 passed by the 1st Additional Sessions Judge-Special Judge, Vaishali at Hajipur in A.B.P. No. 533 of 2019 arising out of Hajipur Town P.S. Case No. 908 of 2018 registered for the offences punishable under sections 447, 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r), 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the

Patna High Court CR. APP (SJ) No.1679 of 2019 dt.25-04-2019 2/2 appellants have been rejected.

Submission of learned counsel for the appellants is that appellants are innocent and have falsely been implicated in the present case due to land dispute. Further submission is that the present case is a counter blast of Vaishai Nagar P.S. Case No. 899 of 2018 lodged by the appellant no.1 against the informant and her family members.

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-cum-Special Judge, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 908 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 dated 15.03.2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date