Dinanath Sah And ORS v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2620 of 2017 (3) dt.21-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2620 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Dinanath Sah,
2. Nathuni Sah,
3. Ashok Sah,
4. Dinesh Sah, All S/o Chanchal Sah,
5. Sonu Kumar, S/o Dinanath Sah, R/o Village- Lathyahi, P.S.- Adapur, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Subodh Kumar Mishra For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 The appellants seek pre arrest bail in connection with Adapur P.S. Case No.08 of 2017 registered for offences punishable under Sections 341, 323, 324, 307, 504, 506 and 427/34 Indian Penal Code and section 3(i)(x) of SC/ST Act. Allegation against the appellants is of abusing the informant by taking caste name and also tried to disposses him from the house.
Submission of the learned counsel for the appellant is that there is inordinate delay in lodging the FIR. Further, submission is that there are case and counter case between the parties. My attention has been drawn towards Annexure-4 wherein
Patna High Court CR. APP (SJ) No.2620 of 2017 (3) dt.21-09-2017 it is mentioned that the C.O. has found that the disputed land is of the appellants.
Heard learned Special P.P. also.
Having heard both sides and in view of allegation this appeal is not maintainable.
Let appellant surrender before the special court within a period of four weeks and make prayer for regular, which will be considered by the learned Special Judge on the basis of submissions as stated above that there are case and counter case between the parties and the land belongs to the appellants. Considering the same, he will pass appropriate order without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) chn/- U T