Allowed

Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj v. The State Of Bihar

Patna HC5 Feb 2019CR. APP (SJ)/4804/2018

Case brief

AI extract

What is this about?

This Single Judge Criminal Appeal granted pre-arrest bail to the appellant in an offence under Sections 147, 149, 323, 341, 504 IPC and SC/ST POA Act, directing release on bond of Rs. 25,000 with two sureties.

What did the court decide?

Released on bail on furnishing bonds of Rs. 25,000 with two sureties of the like amount each under Section 438(2) Cr.P.C.

Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj Vs The State Of… — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4804 of 2018

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Arising Out of PS. Case No.-200 Year-2016 Thana- AWTARNAGAR District- Saran

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

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Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj s/o - Jaiprakash Narayan Singh, resident of - Dumari, P.S.- Doriganj, Distt- Saran at Chapra.

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The State Of Bihar

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

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====================================================== Appearance : For the Appellant/s : Mr.Ritesh Kumar For the Respondent/s : Mr.Sri Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-02-2019.

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As prayed for, learned counsel for the appellant is permitted to make necessary correction in para 1 and 5 of the appeal.

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The appellant seeks pre arrest bail in connection with Awatar Nagar P.S. Case No. 200 of 2016, registered for offences punishable under Sections 147, 149, 323, 341 and 504 of the Indian Penal Code and Section 3(i)(R) of SC/ST (POA) Act.

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Allegation against the appellant and others of abusing the informant by caste name and also of assaulting his driver.

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It has been submitted on behalf of the appellant that all the sections of Indian Penal Code are bailable and false allegation of abusing by caste name has been levelled with a view to make the case serious and in fact no occurrence as alleged by the

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Patna High Court CR. APP (SJ) No.4804 of 2018 dt.05-02-2019 2/2

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informant has taken place and he has falsely been implicated in this case due to village politics.

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Learned Special P.P. could not controvert the above submissions of learned counsel for the appellants

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Having heard both sides, considering the facts and circumstances of the case, let the appellant, above named, in the event of his arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge, Saran at Chapra, in connection with Awatar Nagar P.S. Case No. 200 of 2016, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C.

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Accordingly, this appeal is allowed and impugned order is set aside.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bihari @ Deobrat Bharadwaj @ Devvrat Bharadwaj v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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