Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1533 of 2019 Arising Out of PS. Case No.-504 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Rajeev Kumar Son of Ram Kripal Singh Resident of Village - Inyar, P.S.- Muffasil (Lakho O.P), Distt.- Begusarai.

2.

Rajkumar Singh Son of Radha Singh Resident of Village - Inyar, P.S.- Muffasil (Lakho O.P), Distt.- Begusarai.

3.

Niranjan Kumar Son of Shankar Singh Resident of Village - Inyar, P.S.- Muffasil (Lakho O.P), Distt.- Begusarai.

4.

Gunjesh Kumar @ Gunjan Kumar Son of Ramnandan Singh Resident of Village - Inyar, P.S.- Muffasil (Lakho O.P), Distt.- Begusarai. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pritish Kumar Lal For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Begusarai Muffasil P.S. Cae No. 504 of 2018 registered for the offence punishable under Sections 147, 149, 341, 342, 323, 307, 427, 353, 337, 153(A), 356 of the Indian Penal Code and Section 3(i)(r)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 30-35 unnamed miscreants are said to have attacked on the informant and Chairman of Bihar Vidhan Sabha

Patna High Court CR. APP (SJ) No.1533 of 2019(5) dt.02-07-2019 2/3 SC/ST Samiti on way to Begusarai and damaged the vehicles and slated in the name of the caste of the informant. They also assaulted the informant and said Chairman by means of brickbat and also tried to snatch carbine of P.S.O. of Chairman. It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. They are not named in the FIR. Allegation of slating and assaulting the victims levelled against the appellants are not specific rather general and omnibus in nature. The appellants are not said to have slated the informant in his specific caste name. Appellants have no criminal antecedent. Similarly situated co-accused, namely, Raja @ Chhotu and Rohit Kumar have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 12.04.2019 passed in Cr. Appeal (SJ) No. 1011 of 2019. Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of

Patna High Court CR. APP (SJ) No.1533 of 2019(5) dt.02-07-2019 3/3 Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Begusarai in connection with Begusarai Muffasil P.S. Cae No. 504 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- U T