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Patna High CourtCR. APP (SJ)/4837/2018allowed

Banarsi Master @ Banarashi Babu @ Banarsi Prasad v. State Of Bihar And ANR

2019-02-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4837 of 2018 Arising Out of PS. Case No.-1143 Year-2015 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Banarsi Master @ Banarashi Babu @ Banarsi Prasad Son of Jodhan Prasad Resident of Village - Babuganj, Ward No. 4, P.S.- Rafiganj, District -Aurangabad ... ... Appellant/s

Versus

1. The State Of Bihar

2. Shankar Dhobi Son of Bipat Dhobi Resident of Village - Abdulpur, P.S.- Rafiganj, District - Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Krishna Prasad Singh, Adv.

For the Respondent/s :

Mr. Sri Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellant seeks pre-arrest bail in connection with Complaint Case No. 1143 of 2015, registered for offences punishable under Sections 504, 506 of the Indian Penal Code and Section 3(i)(iv)(v)(x) of SC/ST Act.

Allegation against the appellant is of constructing house over the land of the informant.

Submission of learned counsel for the appellant is that police after investigation submitted final form not finding the case true, however cognizance has been taken. Further, he has no criminal antecedent.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.4837 of 2018 dt.06-02-2019 2/2 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 Special Judge (SC/ST) Act, Aurangabad, in connection with Complaint Case No. 1143 of 2015, 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