Allowed

Bharosh Ray @ Ram Bharosh Ray and Ors. v. The State Of Bihar

Patna HC17 Sept 2018CR. APP (SJ)/2046/2018

Case brief

AI extract

What is this about?

Criminal Appeal against residential anticipatory bail refusal. High Court set aside the lower court order refusing bail, allowing the appeal and granting anticipatory bail subject to standard conditions and a monetary bond.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellants granted anticipatory bail on bond of Rs.20,000 each with two sureties of like amount.

Bharosh Ray @ Ram Bharosh Ray and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.2046 of 2018

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Arising Out of PS.Case No. -45 Year- 2015 Thana -NANHPUR District- SITAMARHI

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===========================================================

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Bharosh Ray @ Ram Bharosh Ray, Son of Biltu Ray,

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Ganga Ray, Son of Bilas Ray Alias Ram Nandan Ray,

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Jatan Ray, Son of Jaglal Ray @ Jau Lal Ray,

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Daresh Ray, Son of Pardeep Ray,

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Devindri Ray @ Devindi Ray, Son of Late Nathuni Ray,

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Raj Kishore Ray, Son of Genai Ray @ Gena Ray,

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Lal Babu Ray, Son of Pradeep Ray,

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Brahmdeo Ray, Son of Yadu Ray,

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Lakshman Ray, Son of Ram Kumar Ray,

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Prabhu Ray, Son of Yogi Ray @ Jangi Lal Ray,

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Shiv Shankar Ray, Son of Darab Lal Ray,

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Yogendra Ray, Son of Jangi Lal Ray @ Janu Ray,

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Ram Vinay Ray @ Modi Ray, Son of Devendra Ray,

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Devendra Ray, Son of Rameshwar Ray @ Parmeshwar Ray,

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Hari Shankar Ray @ Mogal Ray, Son of Drab Lal Ray,

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Satyanarayan Ray, Son of Ramavatar Ray,

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Santosh Ray, Son of Shankar Ray @ Ram Shankar Ray,

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Shambhu Ray, Son of Shankar Ray, All resident of Village- Karhar, P.S.Nanpur, District- Sitamarhi.

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.... .... Appellant/s Versus

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The State of Bihar.

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.... .... Respondent/s

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=========================================================== Appearance : For the Appellant/s : Mr. Binoy Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP

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===========================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 17-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Sections 14(A)(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 20.02.2018 in A.B.P. No.303 of 2018/108 of

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Patna High Court CR. APP (SJ) No.2046 of 2018 dt.17-09-2018

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2018 passed by the learned 1^st Additional District Judge-cumSpecial Judge SC/ST Act, Sitamarhi in connection with Nanpur P.S.Case No. 45 of 2015 registered under Sections 147,341,323,504 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

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The offences of the Indian Penal Code alleged against the appellants are bailable. The allegation is for the reason that the appellants wanted to forcibly dispossess the informant from the land allotted to the informant by the Bhudan Committee. Appellants have stated on oath that they have no concern with the land allotted by the Bhudan Committee to the informant.

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Considering the statement of the appellants on oath that they have not put any claim on the said land as well as the statement that they have got no criminal antecedent, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the

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Patna High Court CR. APP (SJ) No.2046 of 2018 dt.17-09-2018

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appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

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Accordingly, the impugned order is set aside and this

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appeal stands allowed.

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(Birendra Kumar, J)

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Nitesh/-

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AFR/NAFR	NAFR
CAV DATE	NA
UploadingDate	19.09.2018
Transmission Date	19.09.2018

Bharosh Ray @ Ram Bharosh Ray and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

Bharosh Ray @ Ram Bharosh Ray and Ors. v. The State Of Bihar

Case brief

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