Ramanand Yadav @ Babua Jee @ Ramanand @ Ramnandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4326 of 2018 Arising Out of PS. Case No.-4 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== Ramanand Yadav @ Babua Jee @ Ramanand, Son of Devnarayan Yadav, Resident of Village- Khiraunti, P.S.- Ghoshi, District- Jehanabad. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Deepak Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Ghoshi P.S.Case nO.4 of 2017, registered for offences punishable under Sections 147, 148, 149, 307, 323, 337, 504, 509 of the Indian Penal Code , Section 27 of the Arms Act and and Section 3(i)(r) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellant and other accused persons is of assaulting the informant by lathi and danda and also made indiscriminate firing, which did not hit anybody.

Submission of the learned counsel for the appellant is that no specific allegation has been attributed against the appellant and this is a counter blast to the case lodged by the

Patna High Court CR. APP (SJ) No.4326 of 2018(3) dt.03-01-2019 2/2 appellant side and it is further submitted that though further the police after investigation has not found the case true, however, the learned Special Judge differing with the final form has taken the cognizance against the appellant.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Jehanabad in connection with Ghoshi P.S.Case No.4 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order dated 24.8.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U