Baijnath Mahto And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1169 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -IMAMGANJ District- GAYA ======================================================
1. Baijnath Mahto,
2. Upendra Mahto, Both are sons of Ayodhya Mahto, Both are resident of village - Dubhal, Police Station Imamganj, District - Gaya .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the appellants as well as learned Special P.P.
The appellants are named in the F.I.R. and the allegation against the appellants and other accused persons is of taking caste name of the informant and there is further allegation that thereafter these appellants came at the 'Darwaza' and abused her and also attempted to assault her. There is also allegation that they have uprooted the crops standing there also.
It is submitted on behalf of the appellants that there is no specific allegation against the appellants rather there is general and omnibus allegation against the appellants and the other co-accused persons abusing the informant by taking caste name. It is further submitted that one of the co-accused, having similar allegation,
Patna High Court CR. APP (SJ) No.1169 of 2017 (2) dt.15-05-2017 2/2 has already been granted bail by this Court, vide order dated 17.4.2017 passed in Cr. Appeal No.688 of 2017and the appellants are in custody since 12.03.2017.
Heard learned Special P.P. also. He has opposed the prayer for bail.
Having heard both sides and in view of the fact that the co-accused having similar allegation has already been granted bail by this Court, as such let the appellants, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (S.C./S.T.), Gaya in connection with Imamaganj P.S.Case No.193 of 2016, setting aside the order dated 20.3.2017 passed by the Special Judge, S.C./S.T., Gaya in connection with Imamganj P.S.Case No.193 of 2016.
Accordingly, appellants' application is allowed. (Vinod Kumar Sinha, J) chn/- U