Manish Kumar @ Manish Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4597 of 2018 Arising Out of PS. Case No.-291 Year-2018 Thana- PALIGANJ District- Patna ======================================================

1. Manish Kumar @ Manish Sharma, son of Sahajanand Sharma, resident of Lalganj Sehra, P.S. Paliganj, District Patna

2. Ramayan Singh, son of Ram Naresh Singh, resident of village Hasanpura, P.S. Paliganj, District Patna ... ... Appellants

Versus

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

For the Appellant/s :

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

Smt Usha Kumari No-1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 26.10.2018 passed by Additional District and Sessions JudgeIV-cum-Special Judge, SC/ST Act, Patna, in A.B.P. No.7690 of 2018, by which learned Special Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Paliganj P.S.Case No. 291 of 2018, registered under Sections 143, 283, 341, 323, 353, 427 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellants and other co-accused persons, 100 in numbers, is of creating road blocked and damaging public property. Submission of learned counsel for the appellants is that no specific allegation has been attributed against them and there is general and omnibus allegation against all the accused persons. Heard learned Special P.P.

Patna High Court CR. APP (SJ) No.4597 of 2018 dt.01-02-2019 2/2 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 District and Sessions Judge-IV-cum-Special Judge, SC/ST Act, Patna, in connection with Paliganj P.S.Case No. 291 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 26.10.2018 is set aside.

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