Janardan Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.94 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- SC/ST District- Purnia ======================================================

1. Janardan Mandal and Ors Son of Late Baldev Mandal Resident of VillageKoyali Simra, P.S.- Tikapatti, District -Purnea

2. Sujeet Kumar @ Sujit Kumar Mandal Son of Janardan Mandal Resident of Village-Koyali Simra, P.S.- Tikapatti, District - Purnea

3. Sanjay Mandal Son of Janardan Mandal All are Resident of Village - Koyali Simra, P.S.- Tikapatti, District - Purnea ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Mukesh Kumar Jha For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 Heard the parties.

By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 28.11.2018 passed in ABP No.87 of 2018 for the offences punishable under Section 323, 341, 354, 504 of the Indian Penal Code and Section 3(i)(xi) of SC/ST Act by the learned 1st Addl. Sessions Judge cum Special Judge, Purnea whereby and whereunder, the appellant's application for grant of anticipatory bail has been rejected.

Allegation against the appellant is of abusing and assaulting the informant.

Patna High Court CR. APP (SJ) No.94 of 2019 dt.24-01-2019 2/2 Submission of the learned counsel for the appellant is that the complaint petition on the basis of FIR has been registered which shows that there is land dispute between the parties due to that they have been falsely implicated in this case. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge cum Special Judge, Purnea in connection with SC/ST P.S.Case No.69 of 2018 subject to condition as laid down under Section 438 of Cr.P.C. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.1.2019 Transmission Date 25.1.2019