Chandeshwar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4336 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- SC/ST District- Bhojpur ======================================================

1. Chandeshwar Singh, Son of Paras Singh,

2. Babudhan Singh, Son of Mahendra Singh, Both resident of Village- Saneya, Police Station- Piro, Disrtrict- Bhojpur.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Rahul Nath For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with ABP No.1628 of 2018 (SC/ST Case nO.202 of 2018)arising out of SC./ST P.S.Case No.21 of 2018 , registered for offences punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) 3(2) (va) of S.C./S.T. Prevention of Atrocities Act. Allegation against the appellants is of assaulting the informant in the market causing injury to him and also snatching away of Rs.500/- as well as torn the cloth of the informant.

Submission of the learned counsel for the appellants is that the wife of the appellant no.1 and the

Patna High Court CR. APP (SJ) No.4336 of 2018(3) dt.03-01-2019 2/2 informant are Ward Members and they have contested the election for UP - Mukhiya and due to rivalry the present case has been lodged and no such occurrence has taken place. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge Ist, Bhojpur at Ara in connection with SC/ST P.S.Case No.21 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order dated 5.10.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U