Dina Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4577 of 2018 Arising Out of PS. Case No.-420 Year-2018 Thana- TURKAULIYA District- East Champaran ======================================================

1. Dina Rai son of late Babulal Rai

2. Ramdeni Yadav @ Ramdeni Rai son of Sita Yadav

3. Uday Rai son of Nandu Rai, All residents of village Kaparsandi P.S. Turkawaliya, District- East Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dhannjay Kumar No 2 For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 The appellants seek pre-arrest bail in connection with Turkauliya P.S. Case No. 420 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 379, 435 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(r)(s) of SC/ST Act.

Allegation as per F.I.R. is that police after seizure of huge quantity of spirit while returning, appellants and several other accused persons intercepted the police personnel and also assaulted them and also taken away the diary and important documents and damaged the government property. Submission of learned counsel for the appellants is that nothing specific has been attributed against the appellants and so

Patna High Court CR. APP (SJ) No.4577 of 2018 dt.26-02-2019 2/2 far appellant no.2 is concerned, he is accused in one more case. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case as stated above, so far appellant no.2 is concerned, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

So far appellant nos.1 & 3 are concerned, let appellant nos.1 & 3, above named, be surrendered within a period of six weeks and on surrender they will release 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 7th A.D.J. cum Special Judge, Excise East Champaran, in connection with Turkauliya P.S. Case No. 420 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. With the above direction, this appeal is disposed of. (Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date