Patna High CourtCR. APP (SJ)/4846/2018allowed

Ajay Mishra @ Ajay Kumar Mishra And ORS v. The State Of Bihar

2019-02-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4846 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- BIRAUL District- Darbhanga ======================================================

1. Ajay Mishra @ Ajay Kumar Mishra and Ors Son of Udai Chandra Mishra

2. Ashish Kumar Mishra, Son of Krishna Kumar Mishra

3. Ram Kumar Mishra Son of Krishna Kumar Mishra, All Resident of village - Patania, Police Station - Biraul, District - Darbhanga. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pankaj Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019.

The appellants seek pre arrest bail in connection with Biraul P.S. Case No. 181 of 2018, registered for offences punishable under Sections 147, 341, 323, 307 of the Indian Penal Code and Section 3(1) (r) of SC/ST Actt.

Allegation against the appellants and other accused persons is of abusing the informant by caste name and also of assaulting the informant on his head.

It has been submitted on behalf of the appellants that no specific allegation has been attributed to the appellants rather only general and omnibus allegation has been attributed to the appellants and specific allegation of assault has been attributed to the co-accused of this case.

Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.4846 of 2018 dt.05-02-2019 2/2 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, 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 Additional Sessions Judge -I - cum-Special Judge SC/ST POA Act, Darbhanga, in connection with Biraul P.S. Case No. 181 of 2018, subject to the conditions laid down under Sectin 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