Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1093 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- SC/ST District- Nalanda ====================================================== 1.

DINESH RAM Son of Sri Ganga Ram 2.

Shankar Ram Son of Sri Dinesh Ram Resident of Village - Dhanawan, P.S.- Parwalpur, District - Nalanda. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Jayram Sharma For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 15-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with SC/ST P.S.Case No.64 of 2018 , registered for offences punishable under Sections 341, 342, 323, 504, 506, 307, 406/34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellants as per FIR is that one co-accused abused by caste name and assaulted the informant and against these appellants there is allegation that they have assaulted by pipe.

Submission of the learned counsel for the appellants is that there is case and counter case and the informant and appellant are labourer and there are some scuffle and no allegation of abusing by caste name is against these appellants and another co-accused Upendra Mahto has been granted privilege of anticipatory bail, vide judgment dated 24.1.2019 passe din Cr. Appeal (S.J.) No.21 of 2019.

Patna High Court CR. APP (SJ) No.1093 of 2019 dt.15-04-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order 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 the learned Ist Addl. Sessions Judge cum Special Judge of SC & S.T. Act, Nalanda at Bihar Sharif in connection with SC/S.T. P.S.Case No.64 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed with respect to above named appellants and the impugned order is set aside. (Vinod Kumar Sinha, J) chn/- AFR/NAFR CAV DATE Uploading Date Transmission Date