Kashi Kushwaha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2876 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================
1. Kashi Kushwaha, Son of Achhaiwar Kushwaha,
2. Kailash Bhagat, Son of Gorakh Bhagat,
3. Arbind Kumar, Son of Kailash Bhagat,
4. Sant Kumar Son of Tarkeshwar Bhagat,
5. Pankaj Kumar S/o Kailash Bhagat, All R/o Village- Jagarnatha, P.S.- Manjoagarh, District- Gopalganj.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Mritunjay Prasad Singh For the Respondent/s : Mr. Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 Heard learned counsel for the appellants.
This appeal has been filed for grant of bail in connection with Manjhagarh P.S. Case No. 94 of 2017, registered for the offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and for setting aside the impugned order dated 12.09.2017 passed by the Additional District and Sessions Judge-cum-Special Judge, Gopalganj.
Allegation against the appellants is that they have assaulted the informant and his brother, causing injury and
Patna High Court CR. APP (SJ) No.2876 of 2017 (3) dt.14-11-2017 2/2 further allegation is that they looted the articles from the shop of the informant.
Submission of learned counsel for the appellants is that there is false implication as a matter of fact that they have gone in a Tilak and thereafter, the present case has been lodged against them. They are in custody for two and half years. Heard learned Special P.P. also opposed the prayer of bail.
Having heard both sides and in view of the fact and circumstances, the appeal is disposed of with a direction to the learned trial court to verify the injuries on the person of the informant if it is found to be simple in nature, they shall be released on bail to his satisfaction.
Accordingly, this appeal is disposed of.
(Vinod Kumar Sinha, J) ajay gupta/- U T