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Patna High Court

Udin Singh vs The State Of Bihar on 29 March, 2019

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.1137 of 2019
         Arising Out of PS. Case No.-13 Year-2019 Thana- CHAUTHAM District- Khagaria
     ======================================================
1.    UDIN SINGH, S/o Rajendar Singh, Resident of Nawada, P.S.- Chautham,
      District- Khagaria.
2.   Nitish Singh, S/o Udin Singh Resident of Nawada, P.S.- Chautham, District-
     Khagaria.
3.   Hitesh Singh, S/o Udin Singh Resident of Nawada, P.S.- Chautham, District-
     Khagaria.
4.   Pankaj Singh, S/o Udin Singh Resident of Nawada, P.S.- Chautham,
     District- Khagaria.

                                                                      ... ... Appellants
                                          Versus
     The State of Bihar

                                                ... ... Respondent
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr.Binod Kumar, Advocate
     For the Respondent/s    :       Ms.Usha Kumari 1, Special P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
     ORAL JUDGMENT
      Date : 29-03-2019
                 This appeal is for grant of pre-arrest bail to the appellants against

     the order dated 15.2.2019 passed by Additional Sessions Judge-I-cum-Special

     Judge, Khagaria, in Special A.B.P.        (SC/ST)No. 7 of 2019 filed by the

     appellants, by which learned Sessions Judge has rejected prayer for pre-arrest

     bail of the appellants, who have been made accused in Chautham P.S.Case

     No. 13 of 2019, registered under Sections 147, , , ,  of the

     Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and

     Scheduled Tribes (Prevention of Atrocities) Act.

                 Allegation against the accused persons, including the appellants is

     of setting the house of the informant on fire.

                 Submission of learned counsel for the appellants is that no

     specific allegation has been attributed against the appellants and as a matter o
              Patna High Court CR. APP (SJ) No.1137 of 2019 dt.29-03-2019
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                    fact one of the relatives of the appellants had lodged a complaint before the

                    Public Redressal Authority for constructing hut on his land by the informant

                    and his family members and order was passed in favour of the appellants

                    (Annexure-6) and due to that the present case has been lodged.

                                 Heard learned Special P.P.

                                 Having heard both sides and in the facts and circumstances, let the

                    appellants, named above, be released on bail, in the event of arrest or

                    surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five

                    thousand) each with two sureties of the like amount each to the satisfaction of

                    Additional Sessions Judge-I-cum-Special Judge, Khagaria, in connection with

                    Chautham P.S. case No. 13 of 2019, subject to the conditions as laid down

                    under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a

                    local person, having sufficient immoveable properties within the jurisdiction

                    of court concerned.

                                 Accordingly, the appeal is allowed and the impugned order dated

                    15.2.2019

is set aside.

(Vinod Kumar Sinha, J) spal/-

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