Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1125 of 2019 Arising Out of PS. Case No.-1058 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

RAKESH SINGH Son of Late Rajdeep Singh Resident of Village - Harpu Bochacha, P.S.- Vidyapati Nagar, Distt.- Samastipur. 2.

Vijay Kumar Singh @ Vijay Singh @ Chhote Singh Son of Karan Singh Resident of Village - Harpu Bochacha, P.S.- Vidyapati Nagar, Distt.- Samastipur.

3.

Sumit Singh @ Sumit Kumar Singh Son of Saroj Singh Resident of Village - Harpu Bochacha, P.S.- Vidyapati Nagar, Distt.- Samastipur. 4.

Amit Singh @ Amit Kumar Singh Son of Saroj Singh Resident of Village - Harpu Bochacha, P.S.- Vidyapati Nagar, Distt.- Samastipur. 5.

Atik @ Aatik Kumar @ Chhote Singh Son of Rakesh Singh Resident of Village - Harpu Bochacha, P.S.- Vidyapati Nagar, Distt.- Samastipur. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Ram Sagun Ram (Complainant) Son of Nathuni Ram Resident of Village - Gangapur, P.S.- Musrigharari, Distt.- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Lakshmindra Kumar Yadav For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 The appellants seek pre arrest bail in connection with C.R. No. 1058/2015, corresponding to T.R. No. 576/2018, registered for offences punishable under Sections 323 and 504 of the Indian Penal Code and Section 3 (x) of SC/ST Act.

Allegation against the appellants is that when the complainant demanded money towards repairing of shoes by the appellants, then the appellants beaten him by fists and slaps and also

Patna High Court CR. APP (SJ) No.1125 of 2019 dt.29-03-2019 2/2 abused the complainant by caste name.

It has been submitted on behalf of the appellants is that no specific allegation has been attributed to the appellants and other coaccused persons have been granted the privilege of anticipatory bail by this court vide judgment dated 22.01.2019 passed in Criminal Appeal (SJ) No. 3624 of 2018.

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 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 1st Additional Sessions Judge, Samastipur, in connection with C.R. No. 1058/2015, corresponding to T.R. No. 576/2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

Accordingly, this appeal is allowed and impugned with regard to the appellants is set aside.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date