Prabhakar Singh @ Prabhakar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4447 of 2018 Arising Out of PS. Case No.-84 Year-2015 Thana- DAUDPUR District- Saran ====================================================== Prabhakar Singh @ Prabhakar Kumar Singh Son of Tuntun Singh R/o Village- Dharmapura, P.S. Daudpur, District- Saran. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Manish Chandra Gandhi, Advocate For the Respondent/s :

Smt Usha Kumari No-1, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 17-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 6.9.2018 passed by Additional Sessions Judge-I, Saran at Chapra in ABP No. 1880 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who is made accused in Daudpur P.S.Case No. 84 of 2015 registered under Sections 147, 149, 341, 323, 379, 504, 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation as per FIR is that in a marriage party appellant and others assaulted the informant, snatched Rs.1.5 lakh and broken the projector light of Generator.

Submission of learned counsel for the appellant is that nothing specific has been attributed against him and he has no knowledge about the case as such he could not appear earlier. Further submission is that co-accused have been granted privilege of anticipatory bail by co-ordinate Bench of this Court vide judgment dated 18.12.2018 passed in Cr.Appeal(SJ) No. 4062 of 2018.

Patna High Court CR. APP (SJ) No.4447 of 2018 dt.17-01-2019 2/2 Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Saran at Chapra, in connection with Daudpur P.S.Case No. 84 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 6.9.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date