Patna High Court
Vinay Dhanuk And Ors vs The State Of Bihar on 1 April, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.699 of 2019
Arising Out of PS. Case No.-29 Year-2018 Thana- SC/ST District- Bhojpur
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1. VINAY DHANUK Son of Mahabir Dhanuk R/o village- Kudwa Tola,
Nawada, Ben , P.S- Udawant Nagar, Dist- Bhojpur
2. Vikas Dhanuk Son of Mahabir Dhanuk R/o village- Kudwa Tola, Nawada,
Ben , P.S- Udawant Nagar, Dist- Bhojpur
3. Mahabir Dhanuk Son of Late Jayram Dhanuk R/o village- Kudwa Tola,
Nawada, Ben , P.S- Udawant Nagar, Dist- Bhojpur
4. Mantu Dhanuk son of Bhurwali Dhanuk R/o village- Kudwa Tola, Nawada,
Ben , P.S- Udawant Nagar, Dist- Bhojpur
5. Sonu Dhanuk Son of Mahabir Dhanuk R/o village- Kudwa Tola, Nawada,
Ben , P.S- Udawant Nagar, Dist- Bhojpur
6. Bhuta Dhanuk Son of Badan Dhanuk R/o village- Kudwa Tola, Nawada,
Ben , P.S- Udawant Nagar, Dist- Bhojpur
7. Ashok Dhanuk Son of Ram Avatar Dhanuk R/o village- Kudwa Tola,
Nawada, Ben , P.S- Udawant Nagar, Dist- Bhojpur
8. Khuti Dhanuk Son of late Radha Dhanuk R/o village- Kudwa Tola, Nawada,
Ben , P.S- Udawant Nagar, Dist- Bhojpur
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Shiv Prasad Gupta
For the Respondent/s : Smt. Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 01-04-2019 The appellants seek pre arrest bail in connection with SC/ST P.S. Case No. 29 of 2018, registered for offences punishable under Sections 147, 341, 323, 325, 307, 447, 427, 504 and 506 of the Indian Penal Code and Section 3 (i)(r)(s)w(i)/3/(2)(va) of SC/ST Act.
Allegation against the appellants is of assaulting the Patna High Court CR. APP (SJ) No.699 of 2019 dt.01-04-2019 2/3 informant by caste name and also of abusing by caste name and there is specific allegation against appellant nos. 1, 2 and 4 of assaulting the informant.
It has been submitted on behalf of the appellants that only general and omnibus allegation has been levelled against the appellants and the dispute arose on a petty issue as the cow of the informant was grazing the filed of the appellants and when the appellants protested, informant came out with this false case.
Learned Special P.P. opposed the prayer for and submitted that there is specific allegation against appellant nos 1, 2 and 4.
Having heard both sides, considering the facts and circumstances of the case so far appellant nos. 1, 2 and 4 are concerned, I am not inclined to grant the privilege of pre arrest bail to them rather they should surrender before the court below and pray for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case.
So far other appellants are concerned, considering the facts and circumstances of the case, let the remaining appellants, i.e. appellant nos. 3, 5, 6, 7 and 8, in the event of their arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. Ist Bhojpur at Ara, in connection with SC/ST P.S. Case No. 29 of 2018, subject to the conditions laid down Patna High Court CR. APP (SJ) No.699 of 2019 dt.01-04-2019 3/3 under Section 438 (2) of Cr.P.C.
Accordingly, this appeal with regard to appellant nos. 3, 5, 6, 7 and 8 is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/-
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