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Patna High CourtCR. APP (SJ)/648/2019allowed

Dilip Kumar Sah @ Dilip Sah v. The State Of Bihar

2019-04-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.648 of 2019 Arising Out of PS. Case No.-176 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== DILIP KUMAR SAH @ DILIP SAH Son of Late Jamun Sah Resident of Ward No. 3, Harpur Mukund, P.S.- Rajapakar, District- Vaishali ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rakesh Prabhat For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-04-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Raja Pakar P.S.Case No.176 of 2018 , registered for offences punishable under Sections 342, 323, 504/34 of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant who happens to be Ex-Mukhiya and the informant is the present Mukhiya, is that in a conspiracy, he got him abused by caste name and also assaulted him by arms.

Submission of the learned counsel for the appellant is that only due to rivalry the present case has been lodged and nothing specific has been attributed against the appellant.

Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, in the event of arrest or surrender before the

Patna High Court CR. APP (SJ) No.648 of 2019 dt.01-04-2019 2/2 court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge -cumSpecial Judge, Vaishali at Hajipur in connection with Raja Pakar P.S.Case No.176 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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