Omkar Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1284 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

OMKAR PRASAD VERMA, Son of Late Krishna Prasad Verma Resident of Village-Lohan, P.S.-Ariyari (Mohuli O.P.), District-Sheikhpura. 2.

Nirankar Kumar Son of Omkar Prasad Verma Resident of Village-Lohan, P.S.-Ariyari (Mohuli O.P.), District-Sheikhpura. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pawan Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 03-04-2019 The appellants seek pre arrest bail in connection with Ariyari (Mahuli O.P.) P.S. Case No. 216 of 2018, registered for offences punishable under Sections 341, 323, 325, 379, 504, 307 and 34 of the Indian Penal Code and Section 3 (ii)(va)3(s)(r) of SC/ST Act. Allegation against the appellants is of assaulting the son of informant and also snatching Rs. 5,00/- and also of abusing by caste name.

It has been submitted on behalf of the appellants that this false and concocted case has been lodged by the informant at the instance of one Kundan Singh, who is at inimical terms with the appellants and no such occurrence as alleged by the informant in the F.I.R has ever taken place. Further submission is that although it is alleged that appellant no. 2 assaulted the son of informant by means

Patna High Court CR. APP (SJ) No.1284 of 2019 dt.03-04-2019 2/2 of iron rod due to which his hand got fractured, however, on examination no injury was found on his person. Heard learned Special P.P. also.

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 1st Additional District & Sessions Judge, Sheikhpura, in connection with Ariyari (Mahuli O.P.) P.S. Case No. 216 of 2018, 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