Patna High Court - Orders
Mohan Rai vs The State Of Bihar on 25 June, 2021
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.309 of 2021
Arising Out of PS. Case No.-16 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
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1. Mohan Rai, Son of Late Diplal Rai
2. Sanjay Rai, Son of Mohan Rai
3. Sanjit Rai, Son of Mohan Rai
4. Kalewar Rai, Son of Mohan Rai
All are Resident of Village - Kursaha, P.S. - Mohiuddinnagar, Dist. -
Samastipur.
... ... Appellant/s
Versus
1. The State of Bihar.
2. Ram Bilash Nut, Son of Late Allauddin Nut, Resident of Village - Kursaha,
P.S. - Mohiuddinnagar, Dist. - Samastipur.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Kumar Praveen, Adv.
For the Respondent/s : Mr. Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 25-06-2021Heard Mr. Kumar Praveen, the learned Advocate for the appellants and the learned Special Public Prosecutor for the State.
The appellants have challenged the order dated 06.02.2020 passed by the learned 1 st Addl. District and Sessions Judge-I-Cum-Special Judge, SC/ST Act, Samastipur in connection with Trial No. 1161 of 2019 arising out of Complaint Case No. 16 of 2019, instituted for the Patna High Court CR. APP (SJ) No.309 of 2021(2) dt.25-06-2021 2/3 offences under Sections 341, 323, 380, 427 and 504/34 of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.
The accusation against the appellants is of having assaulted the complainant and others by means of lathi- danda etc. and also of divesting him of his personal belongings including cash.
It has been submitted on behalf of the appellants that the complainant has staked his claim over a piece of land, claiming it under Basgit Parcha. It has further been submitted that the appellant No. 1 had purchased a plot of land over which there is a rival claim of another person by the name of Ram Vivek Rai.
A Title suit also is pending between the appellant No. 1 and the aforesaid Ram Vivek Rai and the complainant, it has been submitted, has been set-up by the adversary of the appellants, particularly appellant No. 1 to abandoned his claim over the portion of the land which is claimed by Patna High Court CR. APP (SJ) No.309 of 2021(2) dt.25-06-2021 3/3 aforesaid Ram Vivek Rai.
Let notices be issued to respondent/O.P. No. 2 by registered post with A/D as well as ordinary process, on steps being taken by the appellants for filing requisites etc., within a period of three weeks from today, returnable on 06 th of August, 2021.
In the meantime, the appellants above-named, in the event of their arrest or surrender before the learned Court below, are directed to be released on provisional bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. District and Sessions Judge-Cum-Special Judge, SC/ST Act, Samastipur in connection with Trial No. 1161 of 2019 arising out of Complaint Case No. 16 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Re-notify this case on 06th of August, 2021.
(Ashutosh Kumar, J) Praveen-II/-
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