Shobhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4442 of 2018 Arising Out of PS. Case No.-39 Year-2017 Thana- SC/ST BETTIAH District- West Champaran ====================================================== Shobhi Yadav S/o Chandradeo Yadav, Resident of Village- Amwa Bazar, Senwariya, P.S. Manjhauliya, District- West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjeev Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 21-02-2019 The appellant seeks pre-arrest bail in connection with SC & ST Bettiah Sadar P.S. Case No. 39 of 2017, registered for offences punishable under Sections 447, 341, 323, 504, 506 &, 34 of the Indian Penal Code and Section 3(i)(f)(r)(ii)(va) of SC/ST Act.

Allegation as per F.I.R. is that the appellant has fraudulently got the sale-deed executed from the agnate of the informant and further allegation of abusing the informant by taking caste name.

Submission of learned counsel for the appellant is that he has purchased the land from one Awadh Paswan, who in turn had purchased the land from Bhuti Paswan, who are agnates of the informant and earlier one more case bearing Bettiah Town

Patna High Court CR. APP (SJ) No.4442 of 2018 dt.21-02-2019 2/2 P.S. Case No. 287 of 2017 lodged against the appellant and when the appellant has been granted bail in this case, the present case has been lodged against him.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender he will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with SC & ST Bettiah Sadar P.S. Case No. 39 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

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