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Patna High CourtCR. APP (SJ)/3732/2018allowed

Ranjit Sah And ANR v. The State Of Bihar

2019-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3732 of 2018 Arising Out of PS. Case No.-259 Year-2018 Thana- GHORASAHAN District- East Champaran ======================================================

1. Ranjit Sah and Anr Son of Sahdev Sah,

2. Raja Sah, Son of Sanjay Sah, Both residents of Village- Ghughua, P.S.- Ghorasahan, District- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 16-01-2019 Heard the parties.

The appellants seek anticipatory bail in connection with A.B.P. NO. 2292 OF 2018 arising out of Ghorasahan P.S.Case No. 259 of 2018, registered, for offences punishable under Sections 147, 149, 341, 325, 379, 54 , 506 of the Indian Penal Code and Section 3 (I) (r) of SC/ST Act.

Allegation against the appellants as per F.I.R. is of assault to the informant and also abused him with filthy language and calling him his caste name and further they took away Rs one lac as well as PAN Card, ATM Card , Aadhar Card and mobile set and also assaulted him with lathi, knife and Lankatua, causing injuries.

Submission of learned counsel for the appellants is that no specific allegation has been attributed against them and earlier a case has been lodged by appellants' side against the informant.

Patna High Court CR. APP (SJ) No.3732 of 2018 dt.16-01-2019 2/2 Heard learned A.P.P. as well as learned counsel Heard learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the appellants, in the event of their arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge- cum- Special Judge, SC/ST (Poa) Act, East Champaran at Motihari in ABP No. 2292 of 2018, arising out of Ghorasahan P.S.Case No. 259 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. With this observation, this appeal is allowed and the impugned order is setaside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.01.2019 Transmission Date 25.01.2019