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Patna High CourtCR. APP (SJ)/664/2017allowed

Vijay Pal @ Vijayi Pal And ORS v. The State Of Bihar

2017-04-13Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.664 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -KASMA District- AURANGABAD ======================================================

1. Vijay Pal @ Vijayi Pal son Late Shankar Bhagat

2. Bali Pal son of Late Shankar Bhagat

3. Ram Ishwar Pal son of Late Shankar Bhagat

4. Sanjay Pal son of Late Shankar Bhagat All residents of village Tetara Chaktola Thekahi, P.S. Kasma, District Aurangabad (Bihar). .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Bindeshwar Prasad Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-04-2017 Heard learned for the appellants as well as learned Special Public Prosecutor.

It has been alleged that by the informant that while they were harvesting paddy crop, accused Vijay Pal, Bali Pal, Ram Ishwar Pal, Ajay Pal and Sanjay Pal armed variously came and forced him to withdraw a case having been instituted on an earlier occasion against them. On his refusal, it has been alleged that they all assaulted the informant, his mother, his brother and younger sister.

Considering the nature of allegation being in omnibus manner coupled with period of detention since 16.1.2016

Patna High Court CR. APP (SJ) No.664 of 2017 (2) dt.13-04-2017 2/2 as well as 19.12.2016 respectively, the appellants, namely, 1. Vijay Pal @ Vijayi Pal, 2. Bali Pal, 3. Ram Ishwar Pal and 4. Sanjay Pal each are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Special Judge, Aurangabad in connection with Kasma P.S. Case No. 54 of 2016 after setting aside the order dated 27.1.2017 in connection with B.P. No. 1568/16 and B.P. No. 182/17 passed by Special Judge, SC/ST, Aurangabad.

Consequent thereupon, the appeal is allowed.

(Aditya Kumar Trivedi, J) Ravi/- U T