Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3328 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

SUNIL PRASAD Son of Late Hari Prasad Resident of Village- Malahi, P.S.- Malahi, District- East Champaran.

2.

Vivek Kumar Son of Sunil Prasad Resident of Village- Malahi, P.S.- Malahi, District- East Champaran.

3.

Ankit Kumar Son of Sunil Prasad Resident of Village- Malahi, P.S.- Malahi, District- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 Appellants seek pre-arrest bail in connection with Govindganj Mahila P.S.Case No. 92 of 2019 registered for the offences punishable under Sections 147, 341, 323, 379, 504, 427 of the Indian Penal Code and Section 3 (i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per FIR appellants came over the land of the informant and tried to plough the land which is their ancestral land and rent receipts are being issued in their favour, and abused and assaulted her.

Submission of learned counsel for the appellants is that Except Section 379 IPC and 3(i)(x) of SC/ST Act all

Patna High Court CR. APP (SJ) No.3328 of 2019(5) dt.16-12-2019 2/2 sections are bailable and furthermore this case is counter blast of the case lodged by the appellants' side, which will appear from Annexure-2.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail of the appellants stating that appellants tried to dispossess the informant from the land and there is an offence under SC/ST Act against the appellants. Having heard both sides and in the facts and circumstances, as stated above, this appeal is disposed of with direction to the appellants to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T