← Library
Patna High CourtCR. APP (SJ)/756/2019allowed

Raghbendra Prasad Singh @ Raghvendra Prasad Singh And ORS v. The State Of Bihar

2019-04-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.756 of 2019 Arising Out of PS. Case No.-106 Year-2017 Thana- SC/ST District- Begusarai ====================================================== 1.

RAGHBENDRA PRASAD SINGH @ RAGHVENDRA PRASAD SINGH Son of Late Bhuvneshwari Prasad Singh Resident of Mohalla - Rajendra Nagar, Gachhi Tola, Ward No.32, P.S.- Town, District -Begusarai 2.

Abhishek Kumar @ Abhishek Raghav Son of Raghbendra Prasad Singh @ Raghvendra Prasad Singh Resident of Mohalla - Rajendra Nagar, Gachhi Tola, Ward No.32, P.S.- Town, District -Begusarai 3.

Abhinav K.R. @ Abhinav Kumar Raghav Son of Raghbendra Prasad Singh @ Raghvendra Prasad Singh Resident of Mohalla - Rajendra Nagar, Gachhi Tola, Ward No.32, P.S.- Town, District -Begusarai ... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Randhir Kumar No.1 For the Respondent/s :

Smt. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 The appellants seek pre arrest bail in connection with Begusarai SC/ST P.S. Case No. 106 of 2017, registered for offences punishable under Sections 341, 323, 354, 504/34of the Indian Penal Code and Section 3 (i)(r)(s) (w) of SC/ST Act. Allegation against the appellants is of abusing the informant and his wife by caste name and also of assaulting the informant.

It has been submitted on behalf of the appellants that out and out false and fabricated case has been lodged and no such occurrence as alleged in the F.I.R. has ever taken place and the police

Patna High Court CR. APP (SJ) No.756 of 2019 dt.01-04-2019 2/2 after investigation has not found the case true, however, cognizance has been taken except under Section 354 of the Indian Penal Code. Learned Special P.P. and counsel for the informant opposed the prayer for pre arrest bail.

Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of six weeks, 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 Special Judge SC/ST (POA), Act, Begusarai, in connection with Begusarai SC/ST P.S. Case No. 106 of 2017, subject to the conditions laid down under Section 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