Guddu Giri And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4835 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- MAJHAULIA District- West Champaran ======================================================
1. Guddu Giri and Ors Son of Ramdeo Giri
2. Pappu giri Son of Ramdeo Giri
3. Ramdeo Giri Son of Late Harihar Giri All are Resident of Village - Bahuarwa, Ward No. 9, P.S.- Majhauliya, District - West Champaran ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sanjay Kumar No.-7 For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre arrest bail in connection with Majhauliya P.S. Case No. 86 of 2018, registered for offences punishable under Sections 341, 323, 435 of the Indian Penal Code and Section 3(2)(va) of SC/ST Act.
Allegation as per F.I.R. is that co-accused persons sprinkled kerosene oil and set the hut of informant on fire and appellants are also named in the F.I.R and it is alleged that earlier appellant no. 2 had taken Rs. 50,000/- with respect to the land, on which hut was made, but he has not given the possession of land to the informant.
It has been submitted on behalf of the appellants that no specific allegation has been attributed to the appellants rather
Patna High Court CR. APP (SJ) No.4835 of 2018 dt.05-02-2019 2/2 only general and omnibus allegation has been levelled against the appellants.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I - cum-Special Judge West Champaran at Bettiah, in connection with Majhauliya P.S. Case No. 86 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date