Gautam Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.314 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== 1.

Gautam Kumar Son of Jai Kishore Rai Resident of village- Katarbani Karnauti, P.S.- Mahnar and District - Vaishali 2.

Santosh Kumar Son of Krishna Chandra Rai Resident of village- Katarbani Karnauti, P.S.- Mahnar and District - Vaishali 3.

Dhananjay Kumar @ Dhananjay Rai Son of Hari Narayan Rai Resident of village- Katarbani Karnauti, P.S.- Mahnar and District - Vaishali ... ... Appellant/s

Versus

The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vinay Kumar For the Respondent/s :

Smt. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 28-02-2019 The appellants seek pre arrest bail in connection with Mahnar P.S. Case No. 238 of 2018, registered for offences punishable under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 3 (i)(r), 3(2)(VA) of SC/ST Act. Allegation against the appellants is of abusing the informant by caste name and also of assaulting him and also of snatching cash of Rs. 35,000/-.

It has been submitted on behalf of the appellants that no specific allegation has been attributed against any of the appellants and they have falsely been made accused in this case. Heard learned Special P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. APP (SJ) No.314 of 2019 dt.28-02-2019 2/2 circumstances of the case, let the appellants, above named, 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 1st Additional Sessions Judge -cum-Special Judge Vaishali (Hajipur), in connection with Mahnar P.S. Case No. 238 of 2018, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned order is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date