Rajesh Barnwal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.177 of 2019 Arising Out of PS. Case No.-46 Year-2016 Thana- DURAULI District- Siwan ======================================================
1. Rajesh Barnwal, son of Shiv Shankar Barnwal, Resident of Vill-Khap Punak, P.S-Darauli, Distt.-Siwan
2. Awadh Kishore Nath Tiwari, son of Late Manan Tiwari, Resident of VillKhairati, P.S-Darauli, Distt.-Siwan
3. Mritunjay Tiwari @ Munna Tiwari @ Manna Tiwari, son of Late Bashishtha Tiwari, Resident of Vill and P.S-Darauli, Distt.-Siwan.
4. Anup Kumar Rai @Anup Rai, son of Prabhu Rai, Resident of Vill and P.SDarauli, Dist.-Siwan
5. Umesh Mall @ Umesh Kumar Mall, son of Late Ramadhar Mall, Resident of Vill-Punak Bujurg, P.S-Darauli,Distt.-siwan.
6. Sandeep Singh, son of Vindhyachal Singh, Resident of Vill-Maridar,P.SGuthani, Distt.-Siwan.
7. Shankar Thakur @ Shankar Prasad Thakur, son of Traiwanath Thakur, Resident of Vill-Netwar,P.S-Darauli, Distt.-Siwan ... ... Appellant/s
Versus
The State Of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajay Kumar Tiwary For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 08-02-2019 Heard the parties.
The appellants seek pre-arrest bail in connection with Darauli P.S. Case No.46 of 2016 registered for offences punishable under Sections 143, 147, 148, 149, 151, 341, 342, 323, 307, 332, 333, 337, 338, 188, 353, 427, 504, 506, 120(B) of the Indian Penal Code and Section 3 of the Damage of Public Propety Act and Section 3(i)(x) of SC/ST Act.
Allegation against the appellant is that due to the murder of two persons there were road blockade by mob and in spite of the intervention of police they became violent and raised slogans and damaged the propery and petitioners are named in the F.I.R.
Patna High Court CR. APP (SJ) No.177 of 2019 dt.08-02-2019 2/2 Submission of learned counsel for the appellants is that no specific allegation has been attributed, having no criminal antecedent.
Learned Special P.P. could not controvert the above submissions of learned counsel for the appellant. Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, 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 Ist Additional Sessions Judge-cumSpecial Judge, Siwan in connection with Darauli P.S. Case No.46 of 2016, subject to the conditions laid down under Section 438(2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12/02/2019 Transmission Date 12/02/2019