Allowed

Rakesh Kumar and Anr. v. The State Of Bihar

Patna HC1 Apr 2019CR. APP (SJ)/4003/2018

Case brief

AI extract

What is this about?

In a bail appeal under Section 438 CrPC regarding offences under the IPC and SC/ST (Prevention of Atrocities) Act, the High Court granted bail to the appellants after considering arguments regarding an alleged land dispute and specific allegations.

What did the court decide?

Appellants to be released on bail on furnishing bond of Rs. 25,000/- each with two sureties of like amount within six weeks.

Rakesh Kumar and Anr. Vs The State Of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4003 of 2018

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Arising Out of PS. Case No.-528 Year-2018 Thana- MASAUDHI District- Patna

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

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Rakesh Kumar S/o Vijay Ram

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Shatrudhan Kumar @ Shatrudhan Ram S/o Surendra Bansi Both are R/o Vill.-Daudpur,Purani Bazar,P.S. Masaudhi,Distt.-Patna

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Rajkumar Rajesh For the Respondent/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019

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Heard the parties.

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The appellants are apprehending their arrest in connection with Masaudhi P.S.Case No.528 of 2018 , registered for offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 379, 448 of the Indian Penal Code and Section 3(1)(r) (w) of SC/ST (Prevention of Atrocities) Act.

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Allegation as per the written report is that the appellants were carrying broken pole, which was objected by the informant and for that the appellants came variously arm and abused the informant and also snatched golden chain from him wife. Further allegation is that after an hour, they again came and made brick-batting causing injury to Rustom Kumar and Sanjay Vishwakarma, Dharmendera made firing and they were anyhow saved themselves.

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Patna High Court CR. APP (SJ) No.4003 of 2018 dt.01-04-2019 2/2

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Submission of the learned counsel for the appellants is that no specific allegation has been attributed and there is land dispute between the parties and the dispute is with respect to taking of the broken poles.

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Heard learned Spl.P.P. also.

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Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge SC/ST Act, Patna in connection with Masaudhi P.S.Case No.528 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

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With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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(Vinod Kumar Sinha, J)

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chn/-

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Rakesh Kumar and Anr. v. The State Of Bihar

Case brief

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Rakesh Kumar and Anr. v. The State Of Bihar

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