Surendra Ray And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4574 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- ANGARGHAT District- Samastipur ======================================================

1. Surendra Ray Son of Haricharan Ray,

2. Raj Kumar Ray, Son of Haricharan Ray, Resident of Village- Supaul, Police Station- Angarghat, District- Samastipur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 31-01-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 15.11.2018 passed by the learned 1st Addl. Sessions Judge, Samastipur in ABP No. 2362 of 2018 arising out of Angarghat P.S.Case No. 24 of 2018 registered under Sections 147, 148, 149, 307, 323, 324, 325, 341, 354, 379, 435, 504 and 506 of the Indian penal Code and Sections 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant no.1 is of abusing the informant by caste name and against appellant no. 2 is of assaulting by Farsa.

Submission of learned counsel for the appellants is that there is case and counter case in between the parties and

Patna High Court CR. APP (SJ) No.4574 of 2018 dt.31-01-2019 2/2 moreover, injuries are simple in nature and one of the injuries was found to be grievous but that is caused by hard and blunt substance.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge (SC/ST Act), Samastipur in ABP No. 2362 of 2018 arising out of Angarghat P.S.Case No. 24 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

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