Bhanu Rai @ Dharmendra Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4811 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== Bhanu Rai @ Dharmendra Kumar Rai, S/o Sudarshan Rai, Residence of Village- Purwari Rauza, police Station- Chapra Town, District- Saran at Chapra.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajeev Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 This appeal has been filed against the order dated 02.09.2019 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in connection with Chapra Town P. S. Case No. 72 of 2019 disclosing offences under Sections 341, 323, 324, 504, 506, 34 of the Indian Penal Code and Section 3(i)(x) (r) (s), 2(va) of the SC/ST (Prevention of Atrocities) Act. As per F.I.R. the appellant and other accused persons came over the house of the informant and abused him and there is specific allegation against one Shambhu Bhatia that he stabbed him and there are general allegation of assault against them.
Submission of the learned counsel for the appellant is that the present case is a counterblast to a case lodged by the
Patna High Court CR. APP (SJ) No.4811 of 2019(3) dt.06-01-2020 2/2 appellant's side, which will appear from Annexure 2. Apart from that no specific allegation has been attributed against him. Heard learned Special P.P. also.
Having heard both sides, considering the above submissions, made above, this appeal is allowed. The impugned order dated 02.09.2019 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, is set aside. Let the appellant, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge, Saran at Chapra, in connection with Chapra Town P. S. Case No. 72 of 2019.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T