Md. Salauddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1380 of 2017 Arising Out of PS.Case No. -143 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Salauddin, son of Md. Ali Raja,

2. Md. Jamalluddin, S/o Md. Ali Raja,

3. Md. Raaju @ Raju @ Sahabuddin, S/o Sk. Noor Mohammad,

4. Md. Nur Mohammad @ Nurmohmmad, S/o Sk. Liyakat, All are resident of Village- Sheikh Toli, Lokhan, P.S.- Ghorasahan, District- East Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bal Govind Sharma For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 The appellants seek pre arrest bail in connection with Ghorasahan P.S. Case No. 143 of 2015, registered for offences punishable under Sections 341, 323, 427, 504/34 of the Indian Penal Code and section 3(i)(v)(x)(xi) of SC/ST (POA)Act. Appellant against the appellants that they have abused the informant by caste name and secondly there is allegation against appellant no. 1 that he tried to undress the informant. Further there is allegation of assault to the informant.

It has been submitted by learned counsel for the appellants that only general and omnibus allegation has been made against all the accused persons and there is case and counter case

between the parties on the backdrop of land dispute and admittedly the land belongs to the appellants and only with a view to grab the land, the present false case has been filed. Learned Special P.P. opposed the prayer for bail on the ground that there is allegation against all the appellants abusing the informant by caste name and other allegations are also there. Having heard both sides, in view of the fact that a prima facie case under the above mentioned Section of SC/ST Act is made out against the appellants, as such, this appeal is not maintainable.

Let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that there is land dispute between the parties and also after considering other materials on record, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T