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2018 Supreme(Pat) 1664

BIRENDRA KUMAR
Upendra Yadav, S/o Basudeo Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Ram Sevak Choudhary, Adv.
For the Respondents: Mr. Sadanand Paswan, SPP
For the Informant : Mr. Harshvardhan Sahay, Adv.

JUDGMENT :

Heard learned counsel for the parties.

2. This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 07.07.2018 in A.B.A. No.712 of 2018/Muffasil P.S. Case No.103 of 2018 passed by the learned 1st Additional Sessions Judge, Munger registered under Sections 147,148,149,323,379,504,506 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

3. According to FIR, there is general and omnibus allegation against the appellants to have abused and assaulted to the informant, when the informant was cutting his crops from Plot Nos.3997 and 3978.

4. Submission of the learned counsel for the appellants is that due to land dispute between the parties which is going on before different authorities, just to pressurize, the present false case has been lodged. The appellants had purchased Plot No.3995 through registered sale deed in the year 1991 and the referred land in the FIR are adjoining land. There is dispute of encroachment and demarcation, for the reason that all the three plots were amalgamated by the Survey Authoritie






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