Laxman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2103 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Laxman Rai Son of Late Ram Ekbal, Resident of Village- Bishunpura, P.S.- Chapra Muffasil, District- Saran.

2.

Manish Kumar Rai S/o Laxman Rai, Resident of Village- Bishunpura, P.S.- Chapra Muffasil, District- Saran.

3.

Manoj Rai Son of Shankar Rai, Resident of Village- Mahamada, P.S.- Garkha, District- Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Mukesh Kumar Singh For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-02-2021 Heard learned counsel for the appellants and learned counsel for the State.

The appeal is admitted.

In this appeal, the appellants are seeking anticipatory bail in connection with Chapra Muffasil P.S. Case No. 119 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 324, 504 of the Indian Penal Code and sections 3 (i) (r) (s) of the SC/ST (POA) Act.

Allegation has been made that the appellants had taken the caste name of the informant. There is case and counter case from both sides.

Patna High Court CR. APP (SJ) No.2103 of 2020(2) dt.24-02-2021 2/2 Looking to the entirety of the matter, the impugned order dated 04.06.2020 is set aside and the appellants above named, in the event of arrest or surrender before the court below within six weeks from today, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-I, Special Judge, SC/ST (POA) Act, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 119 of 2019, subject to the condition that one of the bailors of the appellants shall be their close relative, the appellants shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bonds of the appellants.

Accordingly, this appeal is allowed.

(Shivaji Pandey, J) Mahesh/- U T