Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4804 of 2018 Arising Out of PS. Case No.-200 Year-2016 Thana- AWTARNAGAR District- Saran ====================================================== Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj s/o - Jaiprakash Narayan Singh, resident of - Dumari, P.S.- Doriganj, Distt- Saran at Chapra. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ritesh Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019.

As prayed for, learned counsel for the appellant is permitted to make necessary correction in para 1 and 5 of the appeal.

The appellant seeks pre arrest bail in connection with Awatar Nagar P.S. Case No. 200 of 2016, registered for offences punishable under Sections 147, 149, 323, 341 and 504 of the Indian Penal Code and Section 3(i)(R) of SC/ST (POA) Act. Allegation against the appellant and others of abusing the informant by caste name and also of assaulting his driver. It has been submitted on behalf of the appellant that all the sections of Indian Penal Code are bailable and false allegation of abusing by caste name has been levelled with a view to make the case serious and in fact no occurrence as alleged by the

Patna High Court CR. APP (SJ) No.4804 of 2018 dt.05-02-2019 2/2 informant has taken place and he has falsely been implicated in this case due to village politics.

Learned Special P.P. could not controvert the above submissions of learned counsel for the appellants Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Saran at Chapra, in connection with Awatar Nagar P.S. Case No. 200 of 2016, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

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

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