Birendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.916 of 2021 Arising Out of PS. Case No.-276 Year-2020 Thana- KOILWAR District- Bhojpur ====================================================== 1.
BIRENDRA RAI SON OF LATE RAM PRAVESH RAI RESIDENT OF VILLAGE-MANACHAK, P.S-KOILWAR, DIST-BHOJPUR 2.
RAJ KUMAR RAI SON OF LATE RAM BACHAN RAI RESIDENT OF VILLAGE- MANACHAK, P.S- KOILWAR, DIST-BHOJPUR ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manoj Kumar, Adv.
For the Respondent/s :
Ms. Usha Kumari No. 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-10-2021 Heard learned counsel for the appellants and learned Spl. P.P. for the State.
The appellants seek pre-arrest bail in connection with Koilwar P.S. Case No. 276 of 2020 registered under Section 302, 34 of the Indian Penal Code, Section 27 of the Arm's Act and 2 (V) of the Scheduled Castes and Scheduled Tribes Act. Submission of learned counsel for the appellants is that appellants are innocent and have falsely been implicated in the present case. Further submission is that there is specific allegation against co-accused, Bhuar Rai. Appellants have no criminal antecedent.
Having heard both sides and in the facts and
Patna High Court CR. APP (SJ) No.916 of 2021(2) dt.26-10-2021 2/2 circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the 1st Additional District and Sessions Judge, Bhojpur at Arrah in connection with Koilwar P.S. Case No. 276 of 2020, subject to the conditions as laid down under section 438(2) of the Cr. P.C. Accordingly, the appeal is allowed and the impugned order dated 03.11.2020 is set aside.
(Arvind Srivastava, J) utkarsh/- U T