Mintu Kumar Singh @ Mintu Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3709 of 2018 Arising Out of PS. Case No.-61 Year-2017 Thana- TARAIYA District- Saran ======================================================

1. Mintu Kumar Singh @ Mintu Singh and Ors S/o Nagendra Singh,

2. Rajesh Kumar Singh @ Rajesh Singh, S/o Harendra Singh.

3. Nagendra Singh, S/o Musafir Singh, All resident of Village Dumari Chhapiya, P.S.- Taraiya, District- Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellants seek pre-arrest bail in Taraiya P.S.Case No.61of 2017 registered under Sections 341, 323, 392/34, 120(B) of the I.P.C., Section 27 of the Arms Act and Section 3 (i) (x) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants 3 in number and 6 other accused persons is of abusing the complainant/informant by caste name, assaulting him and snatching of Rs.3000/- from his pocket. They were forcing him to withdraw the earlier case which will appear from Annexure-2 in which they have been named in the F.I.R.

Submission of the learned counsel for the appellants is that they were alleged of forcing the informant to withdraw the

Patna High Court CR. APP (SJ) No.3709 of 2018(4) dt.10-01-2019 2/2 earlier case but they had not been named in that case. Nothing has been attributed against all the accused persons in abusing by caste name rather allegation is general in nature oblivious. Heard the learned Special P.P. as well as the informant also.

Having heard both sides and in view of the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the 1st. Additional Sessions Judge SC/ST (POA) Act,Chapra, in Taraiya P.S.Case No.61 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and bailors of the appellants will be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned. Accordingly, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) aks/- U