Krishna Kumar Mishra And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.494 of 2019 Arising Out of PS. Case No.-324 Year-2013 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

KRISHNA KUMAR MISHRA, S/o Late Nand Lal Mishra, resident of village-Harinagar, P.S-Kusheshwarasthan and Distt.-Darbhanga. 2.

Vikash Mishra @ Bipin Kumar Mishra @ Vikash Kumar Mishra, S/o Krishna Kumar Mishra, resident of village-Harinagar, P.SKusheshwarasthan and District-Darbhanga. ... ... Appellants

Versus

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

For the Appellant/s :

Mr.Rajesh Kumar Jha, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-03-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 26.10.2018 passed by Additional Sessions Judge-I-cum-Special Judge, SC.ST Act, Darbhanga, in A.B.P. No.1585 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Kusheshwar Asthan P.S.Case No. 324 of 2013, registered under Sections 341, 323, 325, 504, 506, 34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Allegation against the appellants is of assaulting the informant and abusing him by caste name.

Submission of learned counsel for the appellants is that earlier to the present case a complaint case has been filed by the appellants against the informant and for that the present case has been filed. Further submission is that as a matter of fact the

Patna High Court CR. APP (SJ) No.494 of 2019 dt.05-03-2019 2/2 investigation was going on and at the midst of investigation a petition has been filed by the informant's side not supporting the case but later on cognizance has been taken and as such there is delay in filing the anticipatory bail petition. Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Darbhanga, in connection with Kusheshwar Asthan P.S. case No. 324 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants 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 26.10.2018 is set aside.

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