Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1055 of 2017 Arising Out of PS.Case No. -303 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ====================================================== Harendra Rai, Son of Late Khuna Rai, Resident of Village - Guniyari, P.S. - Sakara (Bariyarpur OP) District - Muzaffarpur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. Binay Krishna For Informant : Mr. Parmeshwar Vishwakarma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 The appellant seeks regular bail in connection with Sakara (Bariyarpur OP) P.S. Case No. 303 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 379, 504 of Indian Penal Code and Section 3(1)(r)(s) of SC/ST Act, 1989. Allegation against the appellant is that he along with other accused persons assaulted the informant and his family members.

It has been submitted on behalf of the appellant that only allegation against the appellant is that he assaulted one Dharmendra Kumar brother of the informant by means of Danda. Moreover, other accused person against whom specific allegation of assault by iron rod has been made, has already been enlarged on bail by this Court vide order dated 03.05.2017, passed in Criminal Appeal (SJ) No. 744 of 2017 and appellant has been in custody

Patna High Court CR. APP (SJ) No.1055 of 2017 (4) dt.18-05-2017 2/2 since 18.02.2017.

Heard learned Special Public Prosecutor as well as learned counsel for the informant. They have opposed the prayer for bail.

Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also other coaccused of this case has already been granted, as such, this appeal is allowed, the appellant, above named, be released 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 3rd Additional Session Judge cum Special Judge, SC/ST Muzaffarpur, in connection with Sakara (Bariyarpur OP) P.S. Case No. 303 of 2016, after setting aside the order dated 02.03.2017, passed by 3rd Additional Session Judge cum Special Judge, SC/ST Muzaffarpur.

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