Jitendra Rai @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1645 of 2017 Arising Out of PS.Case No. -121 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jitendra Rai @ Jitendra Kumar Son of Rajan Rai, Resident of VillageBaraka Pakari, Police Station- Lakhaura, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2017 The appellant seeks pre arrest bail in connection with Ghorasahan (Lakhaura) P.S. Case No. 121 of 2014, registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 380, 427, 448, 457, 504 and 506 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act.

Allegation as per F.I.R that appellant along with several other persons had ransack the house of Mahasachiv of C.P.I and also demolished the house of one Ramji Paswan looted away articles.

It has been submitted on behalf of the appellant that only general and omnibus allegation has been made and no specific allegation has been levelled against the appellant and further from perusal of the F.I.R, there is no allegation of abusing any one, as

such, no case under the SC/ST (POA) Act is made out against the appellant.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that no specific allegation has been levelled against the appellant, as such, this appeal is allowed and impugned order is set aside, let the appellant above named, in the event of his 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 enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Sikharana, Dhaka, in connection with Ghorasahan (Lakhaura) P.S. Case No. 121 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant shall cooperate in the investigation and make himself available as and when required by the police and on the

event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T