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Patna High CourtCR. APP (SJ)/4793/2018allowed

Ash Narain Singh And ANR v. The State Of Bihar

2019-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4793 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- PALANWA District- East Champaran ======================================================

1. Ash Narain Singh son of Chandrama Singh

2. Gulshan Kumar @ Ankit Kumar Son of Ash Narain Singh

3. Both are Resident of Village - Jaitapur, P.S.- Palanwa, District - East Champraran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Praveen Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 27.11.2018 passed in Palanwa P.S.Case No.95 of 2018 ,A.BP No.3019 of 2018 for the offences punishable under Sections 341, 323, 324, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(a)(r)(s) of SC/ST Act by the learned 1st Additional Sessins Judge cum Special Judge SC/ST Act, East Champaran whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected. Allegation against the appellants is of assault by Hasua and snatching of Rs.1,200/-.

Patna High Court CR. APP (SJ) No.4793 of 2018 dt.01-02-2019 2/2 Submission of the learned counsel for the appellant is that earlier to lodging of this case , a case had been lodged by the appellant no.1 and there is land dispute. The appellants are driver of the informant.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) 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 in connection with Palanwa P.S.Case No.95 of 2018, subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 1.2.2019 Transmission Date 1.2.2019