Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.336 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== JITENDRA KUMAR, son of Amar Kishor Mahto @ Aklu Mahto, Resident of Village- Mohanpur, P.S.-Vibhutipur, District- Samastipur ... ... Appellant

Versus

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

For the Appellant/s :

Mr.Mrityunjay Kumar with Mr.Praveen Kumar For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 31-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 14.12.2018 passed by Additional Sessions Judge-I, Samastipur, in ABP No. 2807 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Vibhutipur P.S.Case No. 322 of 2018, registered under Sections 147, 341, 323, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against appellant and other two named accused persons and 4-5 unknown accused persons is of abusing the informant by taking his caste name and also of snatching mobile.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against the appellant. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellant, named above, be released on bail, in the event of arrest or

Patna High Court CR. APP (SJ) No.336 of 2019 dt.31-01-2019 2/2 surrender, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I/Special Judge, SC/ST Act, Samastipur, in connection with Vibhutipur P.S.Case No. 322 of 2018, corresponding to G.R.No. 1518 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellant shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 14.12.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date