Vivekanand Prasad @ Vivekanand And ANR v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.79 of 2019 Arising Out of PS. Case No.-463 Year-2017 Thana- ARA NAGAR District- Bhojpur ======================================================
1. Vivekanand Prasad @ Vivekanand, s/o -Gopal Jee Prasad, MohallaSheoganj,P.S-Ara Town,Dist.-Bhojpur
2. Ashok Kumar Verma @ Alok Kumar Verma, s/o- Chandra Mohan Prasad, Mohalla-Sheoganj,P.S-Ara Town,Dist.-Bhojpur ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manoj Kumar Singh For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 08-02-2019 Heard the parties.
The appellant seeks pre-arrest bail in connection with Ara Town P.S. Case No.463 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 427, 353, 379, 504, 506 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act.
Allegation against the appellant is that when the informant and others were engaged in removing encroachment on public land, the appellants and others have assaulted the informant and others.
Submission of learned counsel for the appellants is that no specific allegation has been attributed against any of them and
Patna High Court CR. APP (SJ) No.79 of 2019 dt.08-02-2019 2/2 other co-accused persons have been granted privilege of anticipatory bail vide judgment dated 31.01.2019 passed in Cr. Appeal (SJ)No.4369 of 2018.
Learned Special P.P. could not controvert the above submissions of learned counsel for the appellant. 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 Ist Addl. Sessions Judge, Ara in connection with Ara Town P.S. Case No.463 of 2017, subject to the conditions laid down under Section 438(2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12/02/2019 Transmission Date 12/02/2019