Amit Kumar Das @ Amit Das And ANR v. The State Of Bihar
Patna High Court CR. APP (SJ) No.2557 of 2017 (3) dt.18-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2557 of 2017 Arising Out of PS.Case No. -237 Year- 2017 Thana -BAHERA District- DARBHANGA ======================================================
1. Amit Kumar Das @ Amit Das, Son of Dinesh Das
2. Sanjay Kumar Das @ Sanjay Das, Son of Dinesh Das Both are resident of Village- Benipur, P.S.- Bahera, District- Darbhanga. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Iqbal Asif Niazi For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 The appellants pre arrest bail in connection with Bahera P.S. Case No. 237 of 2017, registered for offences punishable under Sections 341, 323, 379/34 of the Indian Penal Code and 27 Section 3(i)(r)(s) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants that they along with other accused persons abused the informant and also assaulted him.
It has been submitted on behalf of the appellants that no case under the above mentioned sections of SC/ST Act is made out against the appellants as there is no allegation against them of abusing the informant by his caste name rather the said allegation is against the other co-accused person of this case. So far allegations of assault is concerned, they are only general and
Patna High Court CR. APP (SJ) No.2557 of 2017 (3) dt.18-09-2017 omnibus in nature.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this appeal is disposed of with direction to the Special Court to verify the nature of injury caused to the informant and if the same is found to be simple in nature, he will release the appellants on bail to his own satisfaction, otherwise he is free to pass any order as he deems fit and proper. (Vinod Kumar Sinha, J) sunil/- U T