Patna High Court - Orders
Nathuni Bhagat vs The State Of Bihar on 8 July, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1933 of 2019
Arising Out of PS. Case No.-409 Year-2018 Thana- TAJPUR District- Samastipur
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1. Nathuni Bhagat Son of Thakur Bhagat Resident of Village - Adharpur, P.S.-
Samastipur (M), District - Samastipur
2. Munna Kumar Son of Bhola Prasad Yadav Resident of Village - Adharpur,
P.S.- Samastipur (M), District - Samastipur
3. Surendra Yadav Son of Arvind Bhagat Resident of Village - Adharpur, P.S.-
Samastipur (M), District - Samastipur
4. Indrajit Kumar Yadav Son of Mahendra Bhagat Resident of Village -
Adharpur, P.S.- Samastipur (M), District - Samastipur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Dilip Kumar Roy
For the Respondent/s : Mrs. Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
3 08-07-2019Heard learned counsel for the appellants and learned Spl. P.P. for the State.
The appellants seek pre-arrest bail in connection with Tajpur P.S. Case No. 409 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 354, 279, 224, 427, 308, 324, 307, 504/34 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Over dashing of government vehicle by Auto by rashly driving the same by its driver, around 100-125 persons Patna High Court CR. APP (SJ) No.1933 of 2019(3) dt.08-07-2019 2/3 congregated at the place of occurrence and at the instigation of Surendra Yadav, they slated and assaulted the informant. Indrajit Kumar Yadav assaulted Anguri Kumari by means of knife.
It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. They have been falsely implicated in this case. They happen to be member of the mob. As there were 125 persons at the place of occurrence, hence, it cannot possible to identify the appellants in such a huge mob. There is no allegation of slating the informant in the name of his caste against any of the appellants. Victim has sustained simple injury in the occurrence. Appellants have no criminal antecedent.
Learned Spl. PP for the State opposed the prayer for bail.
In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Samastipur in connection with Tajpur P.S. Case No. 409 of 2018, subject to the condition as laid down under Section Patna High Court CR. APP (SJ) No.1933 of 2019(3) dt.08-07-2019 3/3 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and appeal is allowed.
(Prakash Chandra Jaiswal, J) rohit/-
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