Pappu Kumar Sao @ Pappu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1142 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- KARPI District- Jehanabad ====================================================== 1.

PAPPU KUMAR SAO @ PAPPU KUMAR, Son of Ram Prasad Sao Resident of Village - Sahar Telpa, P.S.- Karpi, Distt - Arwal 2.

Ramesh Kumar, Son of Late Shiv Nandan Sao, Resident of Village - Sahar Telpa, P.S.- Karpi, Distt - Arwal.

... ... Appellants

Versus

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

For the Appellant/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 15.1.2019 passed by Additional Sessions JudgeI, Jehanabad, in A.B.P. No. 2006 of 2018 filed by the appellants, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Karpi (Sahar Telpa) P.S.Case No. 161 of 2018, registered under Sections 147, 149, 341, 342, 435, 427, 504, 506, 283, 353, 109, 447, 187, 188, 120B of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the accused persons, including the appellants is of road blocking and when the police came they had obstructed to discharge their official duties.

Patna High Court CR. APP (SJ) No.1142 of 2019 dt.29-03-2019 2/2 Submission of learned counsel for the appellants is that several accused persons have been made accused in this case and no specific allegation has been attributed against the appellants and two of the accused persons have been granted anticipatory bail vide judgment dated 14.2.2019 passed in Cr.Appeal(SJ) No. 529 of 2019. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Jehanabad, in connection with Karpi (Sahar Telpa) P.S. case No. 161 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned. Accordingly, the appeal is allowed and the impugned order dated 15.1.2019 is set aside.

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