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Patna High CourtCR. APP (SJ)/1623/2019allowed

Vinit Ram v. The State Of Bihar

2019-04-24Mr. Justice Arvind Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1623 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== 1.

VINIT RAM Son of Chandresh Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

2.

Chandresh Ram Son of Late Shivnandan Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

3.

Lalan Kumar Son of Dinesh Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

4.

Pawan Kumar Son of Dinesh Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

5.

Dinesh Ram Son of Mundrika Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

6.

Dipak Ram Sonof Late Rajendra Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

7.

Kallu Ram Son of Kamla Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

8.

Ajit Ram @ Ajit Kumar Son of Kallu Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

9.

Niranjan Ram Son of Kallu Ram Resident of Village - Agani, P.S.- Belaganj, District - Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Manish Kumar No2 For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 24-04-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

This appeal is filed for grant of pre-arrest bail to

Patna High Court CR. APP (SJ) No.1623 of 2019 dt.24-04-2019 2/3 the appellants against the order dated 30.03.2019 passed by the Exclusive Special Judge in A.B.P. No. 62 of 2019 arising out of Belaganj P.S. Case No. 112 of 2019 registered for the offences punishable under sections 147, 149, 341, 307 and 504 of the Indian Penal Code and Section 3(i)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for pre-arrest bail of the appellants has/have been rejected.

Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are also members of Scheduled Castes/Scheduled Tribes. Further submission is that on perusal of F.I.R. it appears that there is specific allegation of assault against one co-accused Munna Ram. Nothing specific has been alleged against these appellants.

Having heard both sides and in the facts and circumstances of the case, let the above named appellants 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 the Exclusive Special Judge, SC/ST Act, Gaya in connection with Belaganj P.S. Case No. 112 of 2019, subject

Patna High Court CR. APP (SJ) No.1623 of 2019 dt.24-04-2019 3/3 to the conditions as laid down under section 438(2) of Cr. P.C. Accordingly, the appeal is allowed and the impugned order dated 62 of 2019 is set aside. (Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date