Patna High CourtCR. APP (SJ)/4319/2018allowed

Munakka Rai And ORS v. The State Of Bihar

2019-01-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4319 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- MAHNAR District- Vaishali ======================================================

1. Munakka Rai, Son of Raman Rai,

2. Pappu Rai, Son of Munkka Rai,

3. Nirala Rai, Son of Nakeshwar Rai,

4. Basant Rai, Son of Nakeshwar Rai,

5. Ankaj Rai, Son of Nakeshwar Rai,

6. Ragubir Rai, Son of Ram Karan Rai,

7. Suman Rai, Son of Ram Karan Rai,

8. Gonu Rai, Son of Bidhan Rai, All are Resident of Village- Baghnocha, P.S.- Mahnar, District- Vaishali.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pranav Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with ABP No.1589 of 2018 (arising out of Mahnar P.S.Case No.79 of 2018) , registered for offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 307, 354B, 385, 504, 506 of the Indian Penal Code and Section 3(1)(2)3(2) (va) of S.C./S.T. (Prevention of Atrocities) Act. Allegation against the appellants and several other accused persons is of abusing the informant by taking caste name and assaulting him.

Submission of the learned counsel for the

Patna High Court CR. APP (SJ) No.4319 of 2018(3) dt.03-01-2019 2/2 appellants is that this is a counter blast to the case filed by the appellants side earlier to lodging of this case and no specific allegation has been attributed against any of the appellants about taking caste name.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants , above named, surrender before the court below within a period of six weeks from the date of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Vaishali at Hajipur in connection with Mahnar P.S.Case No.79 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order dated 9.8.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U