Ram Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4457 of 2019 Arising Out of PS. Case No.-271 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

RAM NATH SAH Son of Late Ram Surat Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran. 2.

Kanhaiya Sah Son of Ram Nath Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran.

3.

Vishun Sah @ Bishun Sah Son of Late Ram Surat Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran. 4.

Dina Nath Sah @ Deena Nath Sah Son of Late Prasad Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran. 5.

Sugi Sah @ Nand Kishore Sah Son of Ram Jee Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran. 6.

Nathuni Sah Son of Kapildev Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran.

7.

Awadh Kishore Sah Son of Vishun Sah @ Bishun Sah Resident of Village - Devdattwa, P.S. - Sugauli, District - East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Madhurendra Kumar For the Respondent/s :

Mr.Binay Krishna For the Informant : Mr. Dhananjay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 Appellants seek pre-arrest bail in connection with Sugauli P. S. Case No.271 of 2019 registered for the offences punishable under Sections 341, 323, 324, 379, 504, 506, 34 of the Indian Penal Code and Section 3 (i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per FIR informant was intercepted by accused persons and accused persons assaulted him and also snatched the bag containing cash.

Patna High Court CR. APP (SJ) No.4457 of 2019(4) dt.19-12-2019 2/2 Submission of learned counsel for the appellants is that as a matter of fact dispute relates to boundary wall of the informant and scuffle took place between the parties and from appellants side a case has been lodged against the informant and others, which will appear from Annexure-2 and the allegation is false and concocted.

Heard learned Special P.P., who has opposed the prayer for pre-arrest bail of the appellants stating that they abused the informant by taking caste name and also stopped him from using the passage.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant the privilege of anticipatory bail to the appellants. However, if they surrender and pray for regular bail, the same shall be considered by learned Special Judge on the basis of materials available on the record and, if possible, to be disposed of on the same day. This appeal is, accordingly, disposed of.

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