Mahavir Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4345 of 2018 Arising Out of PS. Case No.-3 Year-2009 Thana- JALALGARH District- Purnia ====================================================== Mahavir Sharma Son of Late Jhole Sharma Resident of Village- Nishara, P.S. Jalalgarh District-Purnea.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Nadimul Hasan For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-02-2019 The appellant seeks pre-arrest bail in connection with Jalalgarh P.S. Case No. 03 of 2009, registered for offences punishable under Sections 147, 323, 447, 354, 420, 406 of the Indian Penal Code and Section 3(iv)(vi)(ix) of SC/ST Act. Allegation against the appellant is of assault to the informant and also abusing him by taking caste name. It appears that there is a land dispute.

Submission of learned counsel for the appellant is that the case is of the year 2009, but the cognizance has been taken later on. Further submission is that other co-accused person has been granted privilege of anticipatory bail by a Coordinate Bench of this Court vide judgment dated 13.12.2018 passed in Criminal Appeal (SJ) No. 3503 of 2018.

Patna High Court CR. APP (SJ) No.4345 of 2018 dt.07-02-2019 2/2 Heard learned Special P.P. also.

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 (POA) Act Purnea, District Purnea, in connection with Jalalgarh P.S. Case No. 03 of 2009, 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