Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3669 of 2018 Arising Out of PS. Case No.-534 Year-2017 Thana- BAHADURPUR District- Darbhanga ====================================================== Madan Sah S/o Surya Narayan Sah, R/o Vill.- Biauni, Panchayat Andama, P.S.- Bahadurpur, District- Darbhanga.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ugranath Mallik For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellant seeks pre-arrest bail in Bahadurpur P.S.Case No.534 of 2017 registered under Sections 341, 342, 323, 379, 504, 506, 332, 353 of the I.P.C., and Section 3 (1) (r) of SC/ST (POA) Act.

Allegation as per the F.I.R. against the sole appellant is of abusing the informant who is Block Development Officer, and the driver by taking caste name and also he thrashed the informant and others on the ground and demanded Rs.2000/- per month from beneficiary of Prime Minister Awas Yojna and Shauchalaya Nirman.

Submission of the learned counsel for the appellant is that the wife of the appellant is Pramukh of the Block and there is dispute between the parties from before and as such, the

Patna High Court CR. APP (SJ) No.3669 of 2018(5) dt.10-01-2019 2/2 instant false and concocted case has been filed Heard the learned Special P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, 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 today be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1st. -cum-Special Judge, (SC/ST POA Act)Darbhanga, in Bahadurpur P.S.Case No.534 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and bailors of the appellants will be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned.

Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) aks/- U