Tahir Ali And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1603 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- HUSAINGANJ District- Siwan ======================================================
1. Tahir Ali, S/o Noor Ali,
2. Nazrullah Ansari S/o Late Habib, Both Resident of Vill.- Khanpur Khairanti, P.S.- Hussainganj, District- Siwan. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Raghav Prasad For the Respondent/s :
Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the appellants and learned special P.P. for the State.
This is an appeal under Section 14 A of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 against refusal of the prayer for bail in connection with Husainganj P.S. Case No. 55 of 2018 registered under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338 and 295A of the Indian Penal Code and Sections 3(i)(v), 3(2) (va) of the SC/ST (Prevention of Atrocities) Act and Section 3⁄4 of the Explosive Substance Act.
Learned counsel for the appellants has submitted that appellants are in custody since 11.3.18.
In the written report there is general and omnibus
Patna High Court CR. APP (SJ) No.1603 of 2018(3) dt.23-05-2018 2/2 allegation against these appellants that they along with mob of several persons assaulted different persons as mentioned in the written report causing injury to them. The injury report of all the injured have been enclosed as Annexure-2 to the memo of appeal which shows that they have sustained simple injury. In the written report there is no allegation of any specific overt act against these appellants.
Considering the aforesaid facts, let the appellants, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1, Siwan in connection with Hussainganj P.S. case no. 55/18, subject to the condition that both the bailors should be the close relative of the appellants. Accordingly the impugned order is set aside and the appeal stands allowed (Sanjay Priya, J) shyambihari/- U T