Upendra Sah And ORS v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2030 of 2017 (3) dt.19-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2030 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -JADIA District- SUPAUL ======================================================
1. Upendra Sah,
2. Bhupendra Sah @ Mantu Sah,
3. Birendra Sah,
4. Surendra Sah, all are sons of Fatuli Sah and residents of VillagePiluwaha, Police Station- Jadia, District- Supaul. .... .... Appellants/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellants/s : Mr. Arun For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The appellants seeks pre arrest bail in connection with Jadia P.S. Case No. 131 of 2016, registered for offences punishable under Sections 341, 323, 504, 448, 506, 379 and 435 of Indian Penal Code and section 3(i)(r) of SC/ST Act. Allegation against the appellants is of assaulting the informant and his family members and also set on fire the hut of informant.
It has been submitted on behalf of the appellants that there is case and counter case between the parties in the background of land dispute and the appellants side have lodged a case against the informant ten days prior to the present case i.e. being Jadiya P.S. Case No. 120 of 2016 and only in retaliation this
Patna High Court CR. APP (SJ) No.2030 of 2017 (3) dt.19-08-2017 present false case has been filed.
Heard learned Special P.P. also.
Considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the appellants, let appellants surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellants that there is case and counter case between the parties and also there is land dispute, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court.
With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T