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Patna High CourtCR. APP (SJ)/4827/2018allowed

Ripu Kumar And ORS v. The State Of Bihar

2019-02-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4827 of 2018 Arising Out of PS. Case No.-448 Year-2018 Thana- JOGAPATTI District- West Champaran ======================================================

1. Ripu Kumar and Ors Son of Harendra Tiwari

2. Sanjay Tiwari Son of Rajdev Ray @ Rajdeo Tiwari

3. Om Prakash Tiwari Son of Satya Narayan Tiwari

4. Ranjan Kumar @ Rnjan Kumar Son of Nandlal Tiwari All Resident of Village - Mishrauli, P.S.- Yogapatti Sanichari District - West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019 The appellants seek pre arrest bail in connection with Yogapatti (Sanichari) P.S. Case No. 448/2018, registered for offences punishable under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code and Section 3(1)(r)/3(2)(va) of SC/ST Act. Allegation is of scuffle between the family of both the parties and there is specific allegation against one Ramadhar Tiwary is of assault to the informant and appellants are also named in the F.I.R It has been submitted on behalf of the appellant that no specific allegation has been attributed to the appellants and F.I.R. itself shows that there was scuffle between the family of both sides Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.4827 of 2018 dt.05-02-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I - cum-Special Judge, Bettiah, West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 448/2018, 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.

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