Ranjit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4683 of 2018 Arising Out of PS. Case No.-308 Year-2018 Thana- GHOSI District- Jehanabad ======================================================

1. Ranjit Kumar, S/o Krishana Sharma,

2. Amit Kumar, S/o Rajnandan Sharma,

3. Ram Dhayan Sharma, S/o Baliram Sharma,

4. Dhananjay Kumar, S/o Suresh Sharma, All R/o Vill.- Kaudia Dholipur, P.S.- Ghosi (Okari), District- Jehanabad.

... ... Appellants

Versus

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

For the Appellant/s :

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

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 18.9.2018 passed by Additional Sessions Judge-I, Jehanabad, in A.B.P. No.1423 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Ghosi (Okari) P.S.Case No. 308 of 2018, registered under Sections 323, 341, 379, 504/34 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 as per written report is that while informant was going by tractor accused persons surrounded him and abused him and also assaulted him and appellant No.3 snatched Rs.

3000/- from his pocket. Submission of learned counsel for the appellants is that no specific allegation has been attributed against them so far assault and abuse are concerned and so far allegation of snatching of Rs.3000/- is concerned, the same is ornamental in nature.

Patna High Court CR. APP (SJ) No.4683 of 2018 dt.04-02-2019 2/2 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 Ghosi (Okari) P.S. case No. 308 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 18.9.2018 is set aside.

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