Upendra Manjhi @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.380 of 2019 Arising Out of PS. Case No.-150 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== Upendra Manjhi @ Upendra Kumar, Male, aged 25 years, son of Ekbali Manjhi, Resident of Village-Nizampur, P.S.- Sarai O.P., District - Siwan ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Raghav Prasad For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 The appellant seeks pre-arrest bail in connection with Pachrukhi (Sarai) P.S. Case No. 150 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 341, 342, 333, 353, 307 of the Indian Penal Code and Section 3(i)(r) (s), 3(2) (Va) of SC/ST Act.

Allegation as per F.I.R. against the appellant is of creating road blockage due to an accident and further allegation of abusing the informant by taking caste name.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against the appellant either of abusing the informant or police party or assaulting them. Further, the appellant himself is a member of SC/ST community, which he has mentioned in para 10 of the memo of

Patna High Court CR. APP (SJ) No.380 of 2019 dt.04-02-2019 2/2 appeal and he has no criminal antecedent.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender he will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Court, Siwan, in connection with Pachrukhi (Sarai) P.S. Case No. 150 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