Milan Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2899 of 2017 Arising Out of PS.Case No. -258 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Milan Rao S/o Late Amla Rao, R/o Village- Bijwani, P.S.- Chanpatiya, District- West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 The appellants seek pre arrest in connection with Shikarpur P.S. Case No. 258 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 307, 436, 435, 379 and 504 of the Indian Penal Code and Section 3(i)(x)(xi) of SC/ST Act.

Allegation against the appellant and several other persons is of abusing the informant and also of assaulting him and damaging the temple and it is further alleged that some of the coaccused made fire causing injury to him. It has been submitted on behalf of the appellants that only general and omnibus allegations have been levelled against this appellant and no allegation either of assault or of abusing the informant by caste name has been levelled against him.

Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, this appeal is allowed and impugned order is set aside, let the appellants above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, West Champaran, Bettiah, in connection with Shikarpur P.S. Case No. 258 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellants shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without

showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T