Om Prakash Pandit And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4740 of 2018 Arising Out of PS. Case No.-589 Year-2018 Thana- FATUA District- Patna ======================================================
1. Om Prakash Pandit, S/o Late Lakhan Pandit,
2. Mukesh Kumar, S/o Om Prakash Pandit,
3. Dipak Kumar, S/o Om Prakash Pandit, All R/o Vill.- Khushiyalpur, P.S.- Fatuha, District- Patna.
... ... Appellants
Versus
The State Of Bihar ... ... Respondent ====================================================== Appearance :
For the Appellant/s :
Mr.Sunil Prasad, Advocate For the Respondent/s :
Smt Usha Kumari No-1, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 6.11.2018 passed by Additional Sessions Judge-IV, Patna, in A.B.P. No.8043 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Fatuha P.S.Case No. 589 of 2018, corresponding to Special Case No. 529 of 2018, registered under Sections 448, 341, 323, 324, 325, 354, 379/34 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 is of assaulting the informant and abusing him by taking caste name.
Submission of learned counsel for the appellants is that all the appellants belong to Praqjapati Caste, Annexure-1 community and there is case and counter case between the parties.
Patna High Court CR. APP (SJ) No.4740 of 2018 dt.04-02-2019 2/2 Heard learned Special P.P., who has opposed the prayer for anticipatory bail stating that there is allegation of assault and abuse against them.
Having heard both sides and in the facts and circumstances, this appeal is disposed of with a direction to the appellants to surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order, and, if possible, to be disposed of on the same day. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date