Nandu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.395 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- SC/ST District- Kaimur (Bhabua) ====================================================== NANDU BIND aged about 40 years, Male, son of Khaderu Bind R/o villageand P.O- Bhagwanpur, P.S- chainpur, District- Kaimur at Bhabua ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Pawan Kumar Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 16-05-2019 Heard learned counsel for the appellant and the learned counsel appearing for the State.

This appeal is directed against the order dated 06.12.2018 passed by 1st Additional Sessions Judge-cumSpecial Judge, Kaimur at Bhabhua in A.B.P. No. 1586 of 2018 in connection with SC/ST Bhabhua P.S. Case No. 28 of 2018 registered under sections 341, 342, 304, 120B, 201, 34 of the Indian Penal Code and Sections 3(2)(va)(vi)(vii) of the S.C. and S.T. (Prevention of Atrocities) Act.

Learned counsel appearing for the appellant submits that the appellant has been falsely implicated in this case at the instance of his enemies. The present first information report has been lodged after more than six months of the alleged occurrence without there being any

Patna High Court CR. APP (SJ) No.395 of 2019 dt.16-05-2019 2/2 plausible explanation for the delay. Moreover, similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 16.01.2019 passed in Cr. Misc. No. 4378 of 2018. Learned counsel has produced the web copy of the aforesaid order. Let it be kept on record. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the appellant, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twentyfive thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cumSpecial Judge, Kaimur at Bhabhua in connection with SC/ST Bhabhua P.S. Case No. 28 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

This appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) mcv/- AFR/NAFR CAV DATE Uploading Date Transmission Date