Keshari Singh @ Kumar Kesari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.424 of 2019 Arising Out of PS. Case No.-101 Year-2016 Thana- RASULPUR District- Saran ======================================================

1. Keshari Singh @ Kumar Kesari (Male), aged 51 years, Son of Tarkeshwar Singh

2. Shailesh Singh @ Bhuwar Singh (Male), aged 42 years, Son of Tarkeshwar Singh

3. Yashraj Singh @ Suraj Singh (Male), aged about 19 years, Son of Awadh Singh All resident of Village - Nawada, P.S. - Rasulpur, District- Saran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre-arrest bail in connection with Rasulpur P.S. Case No. 101 of 2016, registered for offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(x) of SC/ST Act.

Allegation against the appellants is that they have assaulted the informant and dragged him towards their house and also uttering to take revenge of 1986 occurrence. It further appears from the F.I.R. that the father of the informant is main witness of Case No.41 of 1986, in which the father of appellant no.3 namely Awadh Singh was accused.

Submission of learned counsel for the appellants is that they have falsely been implicated in this case due to land dispute and so

Patna High Court CR. APP (SJ) No.424 of 2019 dt.05-02-2019 2/2 far appellant nos.1 & 2 is concerned, they are not accused in the Case No.41 of 1986.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, so far appellant nos. 1 & 2 are concerned, let appellant nos. 1 & 2, 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 of the Act, Saran at Chapra, in connection with Rasulpur P.S. Case No. 101 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

So far appellant no.3 is concerned, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date