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Patna High CourtCR. APP (SJ)/472/2019allowed

Mahendra Chaudhary @ Mahesh Chaudhary And ORS v. The State Of Bihar

2019-03-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.472 of 2019 Arising Out of PS. Case No.-96 Year-2018 Thana- RAJAPAKAR District- Vaishali ======================================================

1. Mahendra Choudhary @ Mahesh Chaudhary

2. Arbind Rai

3. Vijay Rai ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Binay Krishna, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 Heard the parties.

The appellants seek anticipatory bail in connection in Hajipur in A.B.P. No. 1958 of 2018 arising out of Rajapakar P.S.Case No. 96 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 353, 283, 504 and 506/34 of the I.P.C. and under Section 3 (i) (r) (s) of SC/ST ( Prevention of Atrocities) Act.

Allegation as per F.I.R. is that the appellants along with other accused persons created nuisance and blockade the road by putting the dead body of a lady and became aggressive and abused the informant with his caste name and all the appellants were named in the F.I.R.

Submission of the learned counsel for the appellants

Patna High Court CR. APP (SJ) No.472 of 2019(3) dt.05-03-2019 2/2 is that they have falsely been implicated in this case and the appellants were not present at the place of occurrence and nothing has been attributed against the appellants. Heard learned Special P.P., who opposes the prayer of bail.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Vaishali at Hajipur in connection with Rajapakar P.S.Case No. 96 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr. P. C.

(Vinod Kumar Sinha, J) sudha/- U T