Nagina Mukhiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.173 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- BALTHAR District- West Champaran ======================================================
1. Nagina Mukhiya, son of Sri Ramayan Mukhiya, aged about 25 years(M)
2. Chokati Mukhiya, son of Sri Chhathu Mukhiya, aged about 40 years (M)
3. Kishori Mukhiya, son of Lalan Mukhiya, aged about 39 years (M) All residents of village Parsauni Ghogha, P.S. Balthar, District- West Champaran.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Umesh Chandra Verma For the Respondent/s :
Ms. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 06-02-2019 The appellants seek pre-arrest bail in connection with Balthar P.S. Case No. 77 of 2018, registered for offences punishable under Sections 147, 149, 341, 323, 504, 506, 379 of the Indian Penal Code and Section 3(1)(r) of SC/ST Act. Allegation against the appellants is of abusing the informant by taking caste and also assaulted with sandal and other accused persons assaulted him with lathi causing injury. Submission of learned counsel for the appellants is that no specific allegation has been attributed against them. Further, they have no criminal antecedents.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and
Patna High Court CR. APP (SJ) No.173 of 2019 dt.06-02-2019 2/2 circumstances of the case as stated above, let the appellants, above named, be surrendered within a period of six weeks and on surrender they will release 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 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah, in connection with Balthar P.S. Case No. 77 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Accordingly, this appeal is allowed and the impugned order is set-aside.
(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date