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Patna High CourtCR. APP (SJ)/547/2019allowed

Raja Ram Rai And ORS v. The State Of Bihar

2019-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.547 of 2019 Arising Out of PS. Case No.-478 Year-2018 Thana- PUPRI District- Sitamarhi ======================================================

1. RAJA RAM RAI, Son of- Maheshi Rai Resident of village-Bhitha, P.S. - Pupri, Dist.- Sitamarhi

2. Amresh Rai Son of-Raja Ram Rai Resident of village-Bhitha, P.S.-Pupri, Dist.- Sitamarhi

3. Raju Rai Son of- Late Shobha Rai Resident of village-Bhitha, P.S.-Pupri, Dist.- Sitamarhi ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pushpendra Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 The appellants seek pre arrest bail in connection with Pupri P.S. Case No. 478 of 2018, registered for offences punishable under Sections 341, 323, 379, 354, 504, 506 and 34 of the Indian Penal Code and Section 3 (i)(r)(s) of SC/ST Act. Allegation as per F.I.R. is that procession of Janmashtmi was going on and when the informant reached with his tempo near the place of procession, appellants said to have took out the key of his tempo and abused him by taking caste name and also assaulted him.

It has been submitted on behalf of the appellants that no specific allegation has been attributed to the appellants rather only general and omnibus allegation has been levelled.

Patna High Court CR. APP (SJ) No.547 of 2019 dt.22-02-2019 2/2 Heard learned Special P.P. also.

Having heard both sides, in view of the above facts, let the appellants, above named, in the event of their arrest or surrender before the Court below, 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 -IV - cum-Special Judge SC/ST Act, Sitamarhi, in connection with Pupri P.S. Case No. 478 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