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Patna High CourtCR. APP (SJ)/306/2019disposed

Arvind Kumar @ Arvind Thakur v. The State Of Bihar

2019-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.306 of 2019 Arising Out of PS. Case No.-26 Year-2016 Thana- SC/ST District- Vaishali ====================================================== Arvind Kumar @ Arvind Thakur, son of Late Ram Bahadur Thakur, resident of village-Baligaon, P.S-Baligaon, Distt.-Vaishali. ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Ansul, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-04-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 19.11.2018 passed by Additional Sessions Judge-I, Vaishali at Hajipur, in A.B.P. No. 1993 of 2018 filed by the appellant, by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Hajipur SC/ST P.S.Case No. 26 of 2016, registered under Sections 341, 504, 506 of the Indian Penal Code and Sections 3(i) (r) and 3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellant is of abusing the informant by caste name and also said that he has committed such offence and nothing could be happened to him.

Submission of learned counsel for the appellant is that as a matter of fact one Ramesh Rai has abused the informant and the appellant has instigated him and petitioner has no criminal antecedent as stated in the supplementary affidavit filed today.

Patna High Court CR. APP (SJ) No.306 of 2019 dt.05-04-2019 2/2 Heard learned Special P.P., who has opposed the prayer for anticipatory bail of the appellant on the ground that charge sheet has already been submitted and the appellant is accused in other cases also. Having heard both sides and in the facts and circumstances, this appeal is disposed of with a direction to the appellant to surrender within a period of six weeks and on surrender he shall be released on provisional bail for a period of one month and in the meantime learned court below shall enquire about the criminal antecedents of the appellant and if it is found that he has no criminal antecedent, his bail bonds shall be confirmed, otherwise the court below may pass any other order(s) as it may deem fit and proper. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date